A Study on Coastal Area Calamities and Vulnerable People’s Entitlements A Critique of the Orissa Relief Code
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A Study on Coastal Area Calamities and Vulnerable People’s Entitlements
A Critique of the Orissa Relief Code
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A Study on Coastal Area Calamities and Vulnerable People’s Entitlements
A Critique of the Orissa Relief Code
Facilitated by
Sana Das
Guided by Shri Shyam Sundar Das,
Committee for Legal Aid to the Poor
& Adv. Biswajit Mohanty
"I •
Action Aid, India
Regional Office, Bhubaneswar
331 Saheed Nagar, Bhubaneswar-751007
Tele/Fax : 0674 - 514503
Email: robhu@ actionaidindia.org
a ctionaid.org
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ACKNOWLEDGEMENT
ActionAid Regional Office, Bhubaneswar is grateful to all the people who have shared their thoughts
and convictions in the course of this study. We owe our deepest gratitude to the people of
Jagatsingpur for sharing their pain, grievances and expectations with us. We would also like to
convey our appreciation and thanks to Ms. Sana Das for facilitating the study. The Regional Office
also thanks Shri Shyam Sundar Das and Advocate Biswajit Mohanty without whose guidance and
intellectual support the study would have been difficult to evolve. Thanks are also due to Sudhir
Patnaik, Saroj Jha, Mr. Jagadanand, R.K. Sarangi, Zia Choudhury, Utpal Maitra, Madhan Pradhan, Mr.
Kutty, Siddhant Das, Rudra Madhab Ray, Arabinda Behera, Deba Prasad Das, K.S. Srinivasan, Md.
Amin, Mamata Patnaik, Sarthak, Pradipta Ram, Mahindra Parida, Rajan Mohanty for sharing their
views and experiences. The Regional Office also appreciates the contributions made to the study by
the Expert Panel of the Public Hearing on the SuperCyclone through their opinions and insights on
human rights. The office would like to thank all others who have, directly or indirectly, contributed to
the study. Thanks must also go to Jawahar, Arjun and Gokul for their timely cups of tea and
endless xeroxing.
Bijay Kumar
Regional Manager
Bhubaneswar.
11
PREFACE
Need for Policy Analysis of the Orissa Relief Code : The policy analysis was attempted to scope the
range of entitlements for disaster victims, especially those whose vulnerability is the highest in a stratified
hierarchical society like ours. Policy analysis was conducted to understand the following : State obligations
to fulfill core areas of needs and capacities required for vulnerability reduction and disaster mitigation; the
specific rights of specific groups of people to access infrastructure and institutional support from the
government in the pre-disaster situation, during emergency and relief and during rehabilitation; the
enforceability of these rights; gaps between policy and constitutional and legal provisions; to recommend
options for ground level intervention and advocacy. Thus this policy analysis was undertaken to feed into
the ongoing activities of rehabilitation of disaster affected people.
Time Line of the Study : The exploratory work for a policy analysis of the Orissa Relief Code and the
rights of disaster victims started in mid- May 2000. This was preceded by a discussion with the Regional
Manager, Action Aid, Bhubaneswar and team members on the necessity of developing a policy document
for future operationalisation. During the exploratory period of a week, preliminary discussions were carried
out with UN officials, INGO and NGO representatives, representatives from forums created for disaster
response and who had played a key role after the Supercyclone. A plan for the study was prepared on the
basis of these meetings and the problems highlighted therein. A Terms of Reference (TOR) for the study
was drawn up based on a discussion with the Regional Manager and the team members. A copy of the TOR
is attached at the end of the study.
Under the TOR the study was supposed to (a) identify and analyse gaps in pre-disaster, during disaster and
post disaster community based requirements in the Orissa Relief Code for drought prone areas and coastal
areas (b) develop a comparative perspective based on the relief codes of Bangladesh and other calamity
prone states in the country (c) identify vulnerable groups, detail specific needs based on visits and
interactions in the calamity ridden areas (d) incorporate legal analysis into the study to strengthen people’s
entitlements and suggest areas for pro-active legislation for vulnerability-reduction. This was to be done
through a consultation with Shyam Sundar Das, President, Committee for Legal Aid to the Poor and Adv.
Biswajit Mohanty of Cuttack.
The study started from the month of June and was intended to cover constitutional, legal and policy
entitlements of disaster victims. The time period of the study was initially intended to be for three months.
The necessity to incorporate the viewpoint of the community as obtained in the Participatory Poverty
Profiling and Impact Assessment Study conducted in Jagatsingpur district by the Action Aid team a month
after the disaster as well as a case study of Pradhangheri village of Padampur GP, Erasama block
prepared by the Action Aid team, led to the extension of the study period. Although the plan started off with
comparisons with the Relief Codes of other states, it was narrowed down to a comparison with the Disaster
Management Policy of Bangladesh, with specific references only to the policies of other states like Andhra
Pradesh and Maharashtra.
In the first phase comprising of one and a half months, a review of the Orissa Relief Code and the pertinent
constitutional and legal provisions, reading of secondary data took place. Simultaneously, interviews with
selected government officials, ex- Special Relief Commissioners, UN officials, NGO and INGO
representatives also kept happening. At the end of the first phase, a Matrix on Community Based Disaster
Preparedness was brought out in a table format. This comprised of a tabling of the infrastructural,
institutional and valuational capacities of the vulnerable communities in the three different time periods of
pre-disaster, relief and rehabilitation, the enabling and inhibiting laws and possible options before jthe
vulnerable.
>
The second phase comprised of visits to Jagatsingpur district wherein discussions with Action Aid
facilitators and Panchayat officials took place. It also involved meeting government and UN officials in
Jagatsingpur and Bhubaneswar, as well as other stakeholders to identify the key implementation gaps.
Secondary data analysis also continued. Case studies from legal counselling centres, the public hearing on
the Supercycicne and case studies from groups working with children were also studied. This phase also
saw the initiates of chapterisation for the study. An edited version of the study comprising of the key
entitlement gacs in the 5 core areas of capacity building - food security, shelter, legal support, and health
and education was submitted at the end of this phase.
The final phase of the study, ending in mid- November, involved an analysis and incorporation of the
Participatory Poverty Profiling and Impact Assessment Study conducted by the Action Aid team as well as a
Case study cf Pradhangheri village, Padampur GP, Erasama block, Jagatsingpur district. This incorporation
was intended to support the findings related to implementation and policy gaps.
Chapterisation : I he study comprises of six chapters. In the first chapter, titled, An Introduction to a
Study on Coastal Disasters & Vulnerable People’s Entitlements - A Critique of the Orissa Relief
Code, we bee n with outlining the strong links between normal period development and delivery and
disaster preparedness. Secondly, it highlights the role of capacity transfer in vulnerability reduction and
strengthening saf-help within the community. This chapter outlines the basic features of the Orissa Relief
Code, the Human Rights approaches used in the study to understand vulnerability and entitlements through
both a Legal ano Political economy approach. The responsibilities of the State to fulfill them are also
explained. It a.so gives an introductory understanding to differential impact and recovery from disasters
through these approaches. It emphasizes upon the need for standards of service and standards of
entitlements to "asten recovery. The chapter also discusses the methodology used in the study.
The second cnaoter is Vulnerability- Stakeholdership Arrangement in Orissa Relief Code. In this
chapter we discuss the vulnerabilities and powers of primary stakeholders, i.e., the victims, and secondary
stakeholders ;.e service providers and resource agencies like the panchayats, volunteers, Government,
INGOs and NGCs. This chapter details the key policy gaps which increase the vulnerabilities of the different
categories of v ozms such as the destitutes, the women, children, orphans, migrants and refugees, dalits
and landless labour. It also discusses means of power and responsibility-sharing between these
stakeholders sc mat the community may emerge as the key stakeholder.
Against this background, the third, fourth, fifth and sixth chapters draw out the specific areas of
implementation zaps and differential policy protection, and other policy inadequacies in the core areas of
Food Security.. Shelter, Health and Education, Legal Support Mechanisms, respectively. The human rights
violations involved are pointed out as per the constitutional provisions, local, Central and International
human rights laws. These entitlement gaps have been pointed out keeping in mind the need to ground
policies and de very mechanisms in norms of protective discrimination, people’s dignity and right to
ownership over nfrastructures, institutions and processes concerned with vulnerability reduction. The
differential impact and recovery processes for the more vulnerable sections are highlighted in the chapters.
The third chapter titled Food Security deals with Food security entitlements of vulnerable sections to
during the disaszer and during relief. It also addresses long- term food entitlements in the rehabilitation
period through employment, transfer of endowments and skills and systems of loss-distribution and
insurance. It maxes a comparison between the de-facto food security entitlements of farm and non-farm
communities, men and women, able-bodied and the physically challenged. It draws attention to the
community s own institutional arrangements and the need for all service providers to recognise them.
The fourth chapter is on Shelter entitlements and deals with policy provisions for individual, community
and habitat shelter. Normal period development programmes related to housing, roads and other shelter
infrastructures, early warning systems, rescue and evacuation are discussed. Policy provisions for short
term and long-term transfers of shelter rights for the most vulnerable, structural and non-structural
approaches to flood and cyclone management are outlined along with their inadequacies. The need for
participation of the primary stakeholders and their institutions in the whole process of recovery is also
emphasized.
The fifth chapter which is Health and Education discusses the need for health and education insurance
systems in the community for the vulnerable to reduce differential impact and recovery. It draws out the
failures in delivery mechanisms such as the ICDS and drinking water supply and highlights functional
literacy and education as tools to ensure non-exploitative relief and rehabilitation. It addresses health and
educational institutions within the community as a kind of insurance for a better livelihood and risk
reduction.
In the sixth chapter we deal with Legal Support Entitlements of the vulnerable community and
individuals. This chapter discusses human rights violations in the area of people’s entitlements to legal aid,
legal counselling and litigation. Case studies related to exgratia compensations are used to explain policy
and implementation gaps.
These chapters also carry the specific policy recommendations in the concerned areas emphasizing upon
the need for disaster insurance and loss-distribution systems, key areas of legislation such as for Right to
Information, Right to Relief, cyclone proof construction technology, Right to Total Rehabilitation. They also
highlight the need to make statutory all policy provisions related to securing Art 21 of the Indian Constitution,
the Right to Life and Art 14, the Right to Equality and Articles 15(3) and 15(4) guaranteeing the Right to
Protective discrimination.
AN INTRODUCTION TO A STUDY ON COASTAL DISASTERS & VULNERABLE PEOPLE’S
ENTITLEMENTS - A CRITIQUE OF THE ORISSA RELIEF CODE
9
Frequency as well as intensity of natural disasters are increasing globally including in India. Globally,
natural disasters account for nearly 80 per cent of all disaster affected people . While the govt, may
quibble over classifications of ‘major5 and ‘minor’ disasters, for affected people most disasters are
major. While some of these disasters are fast on-set disasters, like floods, cyclones, earthquakes, tornados,
others like drought are slow on-set. 68% of the country’s total area are rendered vulnerable to periodical
droughts. Floods are estimated to affect 8 million hectare of land annually. Of the total annual rainfall,
75% is received during 4 months of monsoon (June to September) and, as a result, almost all the
rivers carry heavy discharge during this period. The flood hazard is compounded by sediment
deposition, drainage congestion and synchronisation of river floods with sea tides in the coastal
plains. India has a long coastline of 8041 kilometres. On an average five to six tropical cyclones
form in the Bay of Bengal and Arabian Sea every year, two to three of them being very severe. The
Himalayan mountain ranges considered to be the world’s youngest fold belt in the east and the Chaman
fault in the west, constitute one of the seismically active region in the world, causing earthquakes,
avalanches and landslides. On an average these natural disasters took a toll of 3663 human lives, affected
1.42 million hectares crop area and damaged 2.36 million houses annually during the 1990s. (Keynote
Address, Shri Bhagat Singh, Addl. Secretary and Central Relief Commissioner, Ministry of
Agriculture. Towards a Safer World in the 21st Century with Hope - A Report on the 9th National
Convention on Disaster Reduction. JAC, September 1999)
Being on the coastline of the Bay of Bengal, the state of Orissa has a long history of frequent floods ,
cyclones and sometimes tidal surges. The 1971 cyclone was a turning point in redefining state
approach to disasters through redrafting of the Bihar & Orissa Famine Code into the Orissa Relief
Code and putting forward certain recommendations for preparedness against coastal disasters.
The socio-political scenario of coastal Orissa is marked by the presence of several identity groups of varying
and competing economic and political interests. The big landowners who have managed to skirt around land
ceiling laws are to be found along with scheduled castes, migrants from West Bengal as well as refugees
from Bangladesh who generally have very poor landholding status : they are to be found competing for
survival in the same ecological niche. While some are fisherfolk, others survive on prawn culture, wage
labour, betel farming and cashew-plantations, very often carried out on forest land. The migration of
refugees from Bangladesh to the eastern states of India started way back in 1971 when about 10 million
Bangladeshis crossed over to India after terrible floods in the river Ganga followed by poverty. Before that
the Chakma tribals from the Chittagong Hill Tracts of Bangladesh had settled down in Arunachal Pradesh as
an outcome of anti-tribal land holding policies in their country. (Refugees in India - Unnikrishnan P.V. &
Max Martin. India Disasters Report - Towards a Policy Initiative. Ed. by Parasuraman S. and
Unikrishnan P.V.) Popular knowledge in some parts, however, traces their migration to coastal parts of
Orissa a decade or so before this time period.
In Orissa, although they stay in the most risk prone and uninhabitable of places , dangerously close to the
coastline, they continue to be resented and unwanted by local population. Ideally speaking, an alliance
should be existing between the refugees, migrants and dalits in the area because of their common socio
economic conditions . However this is rarely to be seen. Women from the scheduled caste, scheduled tribe
and refugee communities continue their survival with poor landholding status. In the chapter on
Stakeholders & Vulnerability, we will elaborate further on these dynamics.
This study emerges in the aftermath of the Supercyclone of 29th October 1999 and the cyclone before that
on 17th October. The latter cyclone affected 2 dsitricts while the geographical spread of the Supercyclone
was 12 districts. According to the White Paper of the Govt, of Orissa on the Super Cyclone, the total
number of blocks affected were 97 and the number of municipal areas affected were 28. The supercyclone
alone affected over 15 million people in Orissa . It killed over 10,000 people, decimated nearly 90% of the
mud and thatch dwellings, and rendered over 6 million marginal and small farmers, landless agricultural
workers, fisherfolk and artisans without livelihood for at least 6 months and more.( The 1999 Supercyclone
in Orissa - Ajay Kanchan & John Gwynn. India Disasters Report. Towards a Policy Initiative. Ed. by
Parasuraman S. and Unikrishnan P.V. Oxford Publication)
The heavy death toll and the destruction of livelihood bases, the chaos of emergency response still being
sorted out in the rehabilitation phase, exposes the levels of unpreparedness with the Govt, NGO as well as
community to meet a disaster situation or to survive it with minimum losses. On whom lies the
responsibility to prevent and assist in the face of mass death, destruction and destitution, and the
loss of livelihoods caused by natural disasters?
We can go to the constitutional provisions to seek answers to this question. Art 41 of the Constitution lays
down that the state shall secure the right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement and in other cases of ‘undeserved want’. When
wants emerge from factors other than personal fault we may say that a situation of ‘undeserved want has
been created. Undeserved want thus has strong implications for natural disasters, placing the
responsibility of assistance on the State. The State List puts the responsibility of legislative action
for Relief of the disabled and unemployable on the State Govts. Art 39(a) of the Directive Principles
of State Policy states that the citizens, men and women, equally have the right to an adequate
means of livelihood. Art 39(a) and Art 41 are linked through the use of the word ‘Right’. In interpreting
the use of the word ‘right in the above two provisions of the Directive Principles of State Policy, one may
infer that apart from the rights enshrined in the Funadamental Rights, the Right to adequate
livelihood is also fundamental. Art 39(a) and Art 41 when read along with Art 47 reveals clearly on
whom the duty lies to secure rights and public assistance for the people. Art 47 of the Directive
Principles of State Policy (DPSP) states that the State should regard the raising of the level of
nutrition and the standard of living of its people and the improvement of public health as among its
primary duties. This is the only point in the Constitution where the ‘primary duties’ of the State have been
mentioned. If such are the primary duties of the state, then it is people who have the ‘right5 to enjoy food
entitlement, general economic development, public health for improvement, keeping in mind comparative
standards where people are at different levels of living. Art. 47 is especially applicable in the case of
starvation death . It would be pertinent to mention one of the Observations of the Supreme Court
which is that the Government is a Service Corporation. (AIR 97 SC 645)
The scope of this study is to analyse the scope of preparedness necessary, to mitigate impact of
disasters like floods, cyclones and tidal surges, at various levels - the community, the govt., the
NGOs and other service providers. Disaster Preparedness will be addressed in its linkage to three
factors - planned development process, the self-help coping mechanisms of the community and the
contingency plan of service providers and that of the community.
While this study is not a study on differential impact of disasters and differential recovery patterns
in all the affected districts of Orissa, it attempts to put forward certain broad indicators for an
analysis of the same by looking at certain case studies that locate vulnerability both geographically
and more importantly, within an entitlement framework. It is common understanding that impact and
recovery depend on well-being which in turn depends on need-fullfillment and capacity-building taking place
in an unequal and competitive society like that mentioned above. This requires a discovery of the
9
entitlements of people vulnerable to Floods, Cyclones and Tidal Disasters in the state of Orissa within the
continuum of disaster prevention, preparedness/risk-reduction, response, rehabilitation and reconstruction.
*
)
What is the history of state attempts to mitigate impact of disasters ? Here it would be pertinent to
mention the first Famine Commission formed by the British Government following the Great Famine
or the Orissa Famine of 1866. Sir George Campbell laid the foundation of the humane policies which were
sought to be adopted. The basic principal of saving every life was first enunciated and a departure was
made from the hitherto policy of leaving to public charity the task of providing funds for gratuitous relief. The
second step was the appointment of a Famine Commission in 1880 following the famines of 1873 and
1876-78. It is also of interest to note that following the labours of the Famine Commission, the
Administration decided to promulgate Famine Codes from 1883 onwards which ushered in the
modern policy of relief administration. (Natural Disaster Management in National Development - An
Indian Perspective - K.Rajan; Disaster Management, Ed. Vinod Sharma, IIPA, 1997) K Rajan was
Advisor, (Agriculture), Planning Commission, Yojna Bhawan. New Delhi. This is being pointed out to
show that Govt, took upon itself the responsibility to prevent death and destruction and to assist
those who have been affected.
The Orissa Relief Code draws its origin from the Bihar and Orissa Famine Code, 1913, framed out of
the recommendations of the Famine Commission set up in 1899-1900. The Bihar and Orissa Famine
Code having provisions mostly to meet situations arising cut of the famine conditions and flood, was
revised in 1930. By the time Orissa was separated in 1936, this Code was in force. As the provisions of this
Code soon became outmoded after independence with the shift from administrative law and order to welfare
and economic development. At present the primary object is not only to ensure that no one dies of
starvation but also to prevent physical deterioration in living standard and destitution of people,
assistance has to be provided to enable them to resume their normal or ordinary pursuits of life on
return of better times and simultaneously to encourage the village community in making concerted
and continuous efforts to fight the common misfortune. After its first print in 1980, a number of
instructions have been issued by state govt to expand the scope and content of the Code in order to make it
more relevant. As such, it was updated in 1996. This study confines itself to the critique of this updated
version.
Many of these aspects of natural disaster mitigation or management have become an integral part of
the planning process . The Drought Prone Area Programme. Employment Guarantee schemes for the
poor, provisions for credit, remissions, irrigation and flood control works can be cited as examples. Unlike in
the past, the responsibility for relief now squarely rests on the State and extends not only to mere
prevention of drought or flood but also maintenance of a certain standard of economic health of the
people.( The Orissa Relief Code, Govt, of Orissa, corrected up to 31/12/1996.)
In several ways therefore, natural disaster management must be seen as an extension of development
process itself ...when one seeks to mitigate adverse effects felt on the society by a natural disaster... The
real effective answer to reduce or eliminate the impact of natural disaster lies in how well the
society has developed and its capability in the harnessing of its resources to ensure that society is
able to face the challenges arising from natural disaster... (Natural Disaster Management in National
Development - An Indian Perspective - K.Rajan; Disaster Management, Ed. Vinod Sharma, IIPA,
1997). This view is also seconded by others who say that disaster impacts are felt more in
developing countries due to borderline economic status of the vulnerable population with no or
inadequate adjustment capacity. (Disaster Mangement in India : a Community Perspective, B.K.
Verma & Brij Bhushan.Disaster Management, ed. Vinod Sharma, IIPA 1997) We may infer from this
that disaster impact is closely related to poverty.
This brings us to the crucial links between development and disaster preparedness where we
understand that the normal period of planned development is actually a phase for disaster
mitigation and preparedness. More than a century away from the formulation of the Famine Commission,
we find that the extent of loss to life and property have been no less severe. At this juncture, we must ask if
govt, failed in its development role to prepare the people with sufficient capacities to withstand the adverse
impacts of disaster. One of the objectives stated in the Plan Document of the state is capacity
building of the people. (Ninth Five Year Plan, State Govt, of Orissa.) Framed differently, the question
is whether capacity building during planned development processes needs to be more seriously and
effectively implemented in the vulnerable areas to prevent or mitigate, if not disasters themselves,
then their impact?
The second phase of disaster management and mitigation of impact would be the immediate
emergency response to a disaster such as evacuation or rescue operations, provisions of safe
drinking water, food and shelter followed by employment opportunities as part of relief measures.
This phase too has links with the orderly process of development. Can people be rescued or
evacuated from areas which are unconnected by roads? If there are no shelters where are evacuated
people expected to stay ? Similarly, when we look at relief activities, we find a lot of parallels between the
objectives of natural disaster management and the general process of socio-economic development, i.e., of
meeting minimal requirements of food, creation of employment opportunities lost in the wake of natural
disaster and reducing adverse impacts as compared to status enjoyed by society earlier. The third phase
is rehabilitation. The rehabilitation phase and planned development are also linked by the nature of
their activities as the former means rebuilding homes, providing employment and livelihood
opportunities by reviving agriculture and non-farm bases, regulating market, rebuilding schools and
public health centers, and identifying rehabilitation options for the destitutes created by disaster.
As the Orissa Relief Code points out itself under the General Principles Regulating Relief Measures
in para 6(i), there is a need to have an arrangement aimed at integration of development and relief
planning of the areas affected by natural calamities. The normal development programmes are either
suspended if necessary, or slowed down, or modified to suit the needs and intensified.
The contingency plans also bear parallels with development programmes. The Orissa Relief Code (ORC)
states that the normal programmes are subordinated to the contingency plan which includes (i) employment
oriented works, (ii) provision of food and drinking (iii) gratuitous relief (iv) assistance to cultivators to retrieve
loss (v) assistance from non-govt. organizations (vi) Best utilization of resources. The financing policy
stated under para 8(a) puts down that the Ninth Finance Commission set up by the Govt. Of India
recommended the implementation of relief programmes along with development programmes. 8c(ii)
states that if the relief expenditure is in excess of corpus of the Calamity Relief Fund the State
should make a contribution from its Plan for providing employment opportunities as a measure of
relief. The ceiling fixed in this respect here is that the plan contribution may not exceed five percent of the
annual plan outlay.
In establishing the fundamental links between development and mitigation of disaster impact, there
are learnings that one can derive from the Bangladesh experience of coping with severe cyclones. In
1970, the state of Bangladesh faced one of the most severe cyclones with a human casualty of 5,00,000
people. The next severe cyclone that it faced was in 1991 in which 1,30,000 people perished and property
worth $2.4 billion was destroyed. Although the wind speed and the height of the tidal surge were similar in
the cyclones of 1970 and 1991, the latter one caused far fewer casualties. As compared to earlier cyclones,
there were no post-cyclone deaths from epidemic or food shortage. The reason Bangladesh managed so
well can be traced to a number of developments that occurred during the1970s and 1980s. Firstly,
the infrastructural development in terms of railways, roads, waterways, and air transport had grown
impressively, making it easier to speedily provide relief and rehabilitation services to the affected
areas. Second, the improvement in communications through inland telegraphic, telephonic and
satellite systems has helped immensely in co-ordinating post-cyclone relief. Thirdly, the huge
network of health facilities and man-power, which had been in place for some time, helped provide
immediate medical support to the injured and the diseased. Between 1985 and 1990 the country’s
immunization coverage rose from 2% to 70%. Similarly, access to safe water had increased to 80% of the
population. Fourthly, the capacity of the govt, to procure food and other materials had increased.
Fifthly, the growth of the NGO sector, with enhanced management capacities, ability to act quickly,
and improved credibility among donors, has had a tremendous impact on the whole situation.
Sixthly, the slow but important efforts to strengthen the economic base of the rural poor by NGOs
such as Grameen bank and Bangladesh Red Crescent Society have resulted in improved capacities
of individual households to cope with natural disasters. The expansion of the irrigation facilities led
to increased agricultural production throughout the years. The diversification of the rural
employment sector has created employment opportunities for the poor in non-farm sectors. Poorer
households are now better prepared to face a disaster situation. (Coping With Disasters Fazle H.
Abed. A Framework for Survival. Health, Human Rights and Humanitarian Assistance in Conflicts
and Disasters. Ed. Kevin M. Cahill, M.D. A Joint Publication of Basic Books and the Council of
Foreign Relations)
It needs to be mentioned that India has initiated pre-disaster mitigation programmes and sectoral
development programmes to reduce the impact of disasters as well as reduce the socio-economic
vulnerabilities. A Central Sector Scheme on Natural Disaster Management Programme (NDMP) is
being implemented for the first time from December 1993. The main objective of the programme is to
enhance the national capability for disaster reduction, preparedness and mitigation. The programme
is also expected to enhance the level of awareness of the community about disasters they are likely
to face and prepared them adequately to face the crisis situations. This programme emphasizes on
human resource development, encouraging research and consultancy services, raising community
awareness. As part of institutional strengthening, a National Centre for Disaster management has
been established in 1995 at the Indian Institute of Public Distribution, New Delhi under this
programme, to carry out the disaster reduction related activities. Similarly, centers have also been created
in States’ Administarative Training Institutes. (Keynote Address - Shri Bhagat Singh, Addl. Secretary
and Central Relief Commissioner, Ministry of Agriculture. Towards a Safer World in the 21st Century
with Hope. JAC 1999.) In Orissa, the Gopabandhu Academy of Administration , Bhubaneswar, is the
training center for Orissa. While there is a National Crisis Management Committee (NCMC) to oversee
all disaster-related efforts at the national level and the Ministry of Agriculture is the nodal ministry for
management of natural disasters, a High Powered Committee for Preparation of National Disaster has
also been formed after the Supercyclone at a national level. The enhanced Terms Of Reference of the
HPC are (i) To review existing arrangements for preparedness and mitigation of natural and man-made
disasters including industrial, nuclear, biological and chemical disasters, (ii) Recommend measures for
strengthening organizational structures, and (iii) Recommend a comprehensive model for management of
these disasters at the National, State and District levels.
While disaster mitigation is a responsibility entrusted to the development role and contingency
planning of the state, the community has been found to be the first agent to respond in a disaster
situation, before govt, machinery can possibly get activated. It has been seen that sometimes 48 hours
or more lapse before the govt, machinery and other outside agencies reach the scene. Those hours are
actually crucial in reducing impact. In Assam, self-help gets activated almost immediately after a disaster; in
other states, self-help starts much later, after 12 hours. According to Sagar Dhara, a Risk Analysis
Specialist from Serena Foundation, in the case of the Supercyclone-affected people the gap between the
risk-perception and actual risk was very high in Ersama as compared to Surat. It is therefore necessary
that a community be prepared with capacities to enhance risk-perception, capacities to manage
without external assistance for a week. One of the clearly stated objectives of the International
Decade for Natural Disaster Reduction (IDNDR) is to build up ‘local capability’ and this has been
accepted by India. So, it is not merely national capability built up through institutions for disaster
management and financial resources but the calculated response by the community which needs to
be developed.
In the case of the Orissa Supercyclone, the reaction time of the State Govt was very slow, bogged down as
it was by total breakdown in its communication network - no electricity, no roads, no vehicles and a
paralysed Sate HQ. The shock period was prolonged. Thus it was left to the individual to react and cope on
his/her own, in some places for three days, in some 4, in some 9, without external help. As such, Self-Help
coping mechanisms are important to reduce disaster impacts on vulnerable population. These
coping mechanisms must be consciously addressed and owned by the community. But as Saroj
Jha, who was Special Relief Commissioner after the Super Cyclone, now heading UN House II,
points out, the Orissa Relief Code does not address these coping mechanisms of the community. It
addresses only external assistance.
a
What capacities ought a community to have if it is to prepare itself against disasters like floods,
cyclones and tidal surges? (For definition of Community, refer Chapter on Vulnerability &
Stakeholdership)
People’s needs and where they may source their capabilities from to fulfill self-reliant response to
disasters may be addressed in three different time periods (a) normal period preparedness, (b)
emergency response & relief, and (c) restoration & rehabilitation. How are we to understand people’s
needs and where people’s capabilities come from? Needs-capacities of a community prone to disaster
can be looked at as having two broad components -(i) what a community ought to have, and (ii)
what it ought to be.
(i) Under the first category of what a community ought to have, we may address the (a)
infrastructures and (b) institutional capacities and (c) policy-building capacities that a community
ought to have. Housing provisions, roads, dispensaries, land and cattle, drinking water infrastructures are
examples. Infrastructures under both individual ownership and community/social ownership need to be
addressed. Under institutional capacities, the reference is to the arrangement of capacities at state, district
and community levels such as through the various government departments, local self-govt organizations,
non-govt. organization, disaster mitigation committees, credit-providing institutions, disaster response
committees, information & legal support institutions such as lok adalats, mechanisms for transparency &
accountability. Under the last category the reference is to community institutions which will formulate laws,
policies and standards for disaster mitigation, self-help and external assistance.
(ii) Under the second category of what a community ought to be, we may look at the values,
attitudes, knowledge and skill-bases of the community for it to be fair and ethical, informed and
trained. The communities are greatly stratified on lines of poverty, gender inequality, discrimination against
destitutes, scheduled castes and tribes, minorities, aged and orphaned children. Self-help within a
community must be accompanied by Help to the Other who may be physically, socially and economically
weaker to prevent differential impact So, self-help must be ethical self-help. Only a community
mobilized by values of caring can ensure the mitigation of impact on the extra-vulnerable. Only a
caring and ethical community can ensure that the capacities existing within it are equitably enjoyed
during normalcy and disaster. The ethics of a community will determine the degree of respect and
speed and priority of response needed for the vulnerable like the aged, children, destitute women,
disabled who may, because of physical and social constraints, be unable to help themselves during
an emergency, relief or rehabilitaion.
•)
Self-help capacity within a community is accelerated through mobilization and organization
building. Deprived communities have better chances of securing access to resources, amenities and
facilities offered by Governments and other agencies when organized into groups or. working
through their own organizations. Such mobilized communities can contribute better to the protection of
their own communities, planning of local resources and development of human resources within. These
capacity-building activities are considered important to provide opportunities for a dignified and
self-reliant living to achieve the overall goal of improving the quality of life.
Which of these capacities can the community access from the Govt.? Which are the capacities that
must come from within itself, and for whose strengthening it may rely on NGOs, local self governing
institutions and other agencies? What are the responsibilities of the Govt., NGOs & other agencies
in creating a mobilized community that can access such capacities? It is important for the community
to know the capacity areas which the govt, of a welfare state has committed itself to developing. It is only
when community knows its entitlement that it can mobilize itself to access it. Similarly, NGOs and service
providers also need this information base to avoid duplication and more importantly, to support the
community in its efforts for capacity-building.
A significant manner of assessing people’s needs and scope for capacity-building can be by
undertaking a policy analysis. Policy analysis can indicate the govt.’s prioritization of ‘Whose needs’
are to be fulfilled and ‘What needs’ are to be fulfilled; it will also indicate the core areas of
capabilities that the govt, intends to build with the people through Normal Planning process and
Contingency Planning.
Why Policy Analysis - A policy analysis is important firstly, to understand the scope of govt’s
responsibilities for fulfilling these needs and capacitating the community. Secondly, to understand
the scope of people’s entitlements as assured by the government An exploration of policy
provisions is aimed at (i) influencing/pressurizing at various levels of advocacy and community
intervention to enable the mobilized community to access these policy entitlements, (ii) to evaluate
if these entitlements are adequate for the well-being of vulnerable communities, households and
individuals (iii) influencing policy changes that will enable vulnerable community to enjoy their
rights in the fullest sense for their safety, security and full development of their potential.
A policy analysis is significant from the view that it will reflect on the political and financial willingness of
governance framework to mitigate disasters, in this case, floods, cyclones and tidal disasters, preparing
itself and the vulnerable communities against the same. Many disasters occur because of policy failure or
absence of right policies. Does the state have a contingency plan for disaster mitigation &
management. How is this plan supported by the normal period development policies of the state?
From this perspective this study will analyse the Orissa Relief Code, a compendium of circulars and
govt, orders which reflects the state’s intent and course of action in a pre-disaster, during and post
disaster situation - the state’s contingency plan. It is also a key source where the entitlements of
calamity-affected peoples have been addressed . For further entitlement provisions, the State Govt’s
Plan Document, i.e., the Ninth Five Year Plan will be addressed.
So, why must we study entitlements ? How is entitlement related to needs, capacities and to impact
and recovery? (1) Needs are fulfilled or neglected within an entitlement framework (2) Capacities/
capabilities of individuals, households and communities to prevent or reduce the impact of a disaster on
themselves depends on the infrastructures, institutions, knowledge systems, skills that they have been
entitled to legally, economically, socially and culturally (3) Who is under obligation to fulfill these needs and
capabilities is also determined in an entitlement framework (4) Differential impact of disasters and
differential recovery from them is because of differential enjoyment of entitlements.
Let us first understand the 'Needs’ of the people during normalcy and in a calamity situation, as explained in
government policy before we analyse whether these needs are supported by entitlements or not. This
means that needs and entitlements are not the same and that capabilities may be inadequate to fulfill needs
and may not be backed by entitlements . In this study we try to compare vulnerable people’s needs and
entitlements and the extent to which needs are being converted to entitlements in a pre-disaster and post
disaster situation; the capabilities which vulnerable people within a community are both legally and ethically
entitled to have for their well-being; the distance between their needs and capacities; who should fulfill these
entitlements and what are their capacities and abilities?
We may start by identifying some of these needs in the Plan document of the state. The Ninth Five Year
Plan of the State of Orissa, (1997-2001) enumerates some of the basic needs identified by the State
under Basic Minimum Services (BMS). The BMS is an extension of the National level Minimum Needs
Programme initiated at the Centre during the Fifth Five Year Plan. Eight areas were included under the
Minimum Needs Programme during the Fifth Plan - (1) Elementary Education (2) Rural Health (3) Nutrition
(4) Rural Water Supply (5) Rural Roads (6) House Sites for Landless (7) Slum-improvement (8) Rural
Electrification. In subsequent plans, the Minimum Needs Programme was extended to cover programmes
related to (9) Adult Education, (10) Rural Sanitation, (11) Rural Domestic Cooking Energy and (12) Public
Distribution System. Thus till 1996-97 the MNP comprised of 12 components for which funds allocated were
earmarked so as to preclude scope for diversion of the allocated funds. ( Ninth Five Year Plan, 1997-2001,
Vol 1. Govt, of Orissa, 1997.)
In July 1996 (8th Five Year Plan) the Conference of Chief Ministers endorsed the following seven Basic
Minimum Services as of paramount importance in securing a better quality of life for the people, especially
those residing in rural areas. The Conference also recommended the formulation of time bound action plans
for full coverage of the country with these basic services by 2000 AD. (i) 100% full coverage of safe drinking
water in rural and urban areas, (ii)100% coverage of Primary Health Service facilities in rural and urban
areas (iii) Universalisation of Primary Education (iv) Provision of Public Housing Assistance to ail shelterless
poor families (v) Extension of Public Housing Assistance to all shelterless poor families (vi) Extension of
Mid-day Meals in Primary Schools to all rural blocks and urban slums and disadvantaged sections (vii)
Provision of Connectivity to all un-connected villages and habitations (viii) Streamlining of the Public
Distribution with focus upon the poor. The elements of the MNP not covered by the BMS will however
continue to be implemented with the schemes in operation and will continue to be monitored by the
concerned Ministries/Departments.
There is a need to keep in mind, however, that these are the minimum needs and not ail the needs to bring
about the holistic development of an individual or community, or those required for a group vulnerable to
disasters. For that one has to address not just these but also needs such as for dignity, self-esteem,
collective activity, legal needs and psycho-social needs. Parallels may also be drawn with the Human
Development Index which identifies, literacy levels, infant and maternal mortality rates as necessary
indicators to restoring core capacities for vulnerable people to lead a decent standard of life.
The purpose of pointing out the Minimum Needs is to identify the core capacity-building areas that
may be necessary for a community to cope with a disaster or to mitigate/reduce its impact & aid
recovery process. This means that if a community is deprived of any or all of these needs during
normal plan period, its vulnerability to disaster will be more. It also means that if these capacities
have been adversely affected during disaster, it stands within the primary duties of government to
have them restored as quickly as possible.
Some parallels emerge with the Orissa Relief Code which indirectly identifies the Needs of the
disaster- affected people under Nature of Relief Measures, Para 7. These are (a) labour intensive works
including relief works, (b) gratuitous relief (c) Nutrition Supplementary Feeding Programme (d) Relief
X
measures by non-official organizations, (e) care of orphans and destitutes (f) Strengthening of public
distribution system (g) health measures and veterinary measures (h) agriculture measures including
provision of credit supply (i) arrangement of food stuff and stocking of food grains in strategic places (k)
provision of drinking water (I) provision of immediate irrigation facilities (m) remission and suspension of
collection of land revenue and loans (n) Grant of educational concessions (o) Enquiry into starvation cases
and prompt action taken on such reports, and (p) Action on press reports. If these are the people’s needs in
a disaster situation, then to what extent was the government able to provide community with the necessary
capacities for their fulfillment?
Needs and infrastructural, institutional and valuational capacities have to be supported by
entitlements for them to acquire legitimacy for fulfillment. Where do we go to understand what is
entitlement ? Where are they embodied ?
The first meaning of entitlement has a legal rights meaning. This can be sourced from :
(a) Constitution : Constitutional provisions lay down the Fundamental Rights that are inalienable for the
individual & Directive Principles of State Policy - principles guiding the policies of the state. These
provisions lay down who is entitled for what facility, status and opportunity, which entitlements are
fundamental rights of individuals, which entitlements depend on state policy initiative, who is under
obligation to entitle - the state, employer, or any other authority.
(b) Central Statutes & Local laws: Certain Legislative steps have been taken by the state to fulfill
constitutional provisions. This is one expression of political willingness of the state to fulfill constitutional
entitlements through the making of law. This means that if these entitlements are not secured then redressal
in the court of law can be sought. They also lay down the punitive sanctions for violations of both
constitutional entitlements and legislative entitlements.
What is law ? And what is the legal status of the Orissa Relief Code? The Introduction to the Code
states that it is a compilation of instructions, circulars and orders on Flood Relief Measures,
Drought Relief Measures, and those from the Revenue Department. But according to Art 13 (3)(a) of the
Constitution which lays down the definition of law, law includes any ordinance, order, rule, regulation, bi
law, notification (gazetted), custom, or usage, having in the territory of India the force of law. While statutory
rules always have force of law, codes may or not . Art 366 (10) defines Existing Law as existed when
Constitution came into force. This refers to legislation - ordinance, order, bi-law, rule or regulation. The
definition of Existing Law will not include administrative circulars. In other words, a mere executive order
does not have force of law. Yet, we need to understand that Govt, cannot operate between Acts and laws.
Other spaces are needed for its activities. Administrative circulars and codes emerge from Arts 77 and 166
of the Constitution of India give it that space. But law is not very clear on their enforceability.
The definition of a circular should not however, inhibit us from looking at law broadly with the help
of Art 14, i.e., Right to Equality and Art 21 - Right to Life. Further, many provisions of the Orissa Relief
Code are supported through budgetary allocations and the budget is passed in the Assembly. That portion
of the budget which is sanctioned by Assembly, while not clothing ORC directly with ‘force of law’, does
create room for govt, accountability. Moreover, Govt, officials continue to follow the ORC directives that they
find relevant. Govt, officials are governed not merely by Orissa Relief Code but many other rules. While one
may not be able to take action against any individual official whose actions are protected by the clause of
'action taken with good intent3, action against govt, as a structure is possible through Public Interest
Litigation. On the whole, one can look at the ORC as a body of govt circulars and orders intended to
achieve the principles enshrined in the Directive Principles of State Policy. While the latter may not be
enforceable, they are as important as Fundamental Rights and the State ought to look to them while making
policies.
© International Laws and Treaties: International human rights laws signed by the govt for protection of
human rights also secure certain kinds of entitlements. For instance, those relating to United Nations
Conventions on the rights of discriminated peoples like refugees, women and children. Where legislative
measures do not address sufficiently the rights of such discriminated people we look to international laws by
which govt. - the key service provider - may be bound as well as other international bodies operating in
disaster and post-disaster situation.
Human rights law affirms the duty of the govt, to respect and protect the natural rights of its citizens to life,
liberty and property; this is the morality of law. Justice or the concept of fairness helps to determine all
social and primary goals such as liberty and opportunity, income and wealth and the leases of self-respect
which are to be distributed equally unless the exception is made for the benefit for the least forward. Under
the human rights approach, the protection of human dignity emerges as a paramount objective of social
policy. So demand for human rights are demands for wide sharing in all the values upon which
human rights depend. They are : (i) respect (ii) power (iii) enlightenment (iv) well-being (v) health (vi)
skill (vii) affection (viii) rectitude. (Human Rights Under International Law & Indian Law - Dr. S.K.
Kapoor, Central Law Agency) It is the idealist character of international human rights law which affirms
the moral purpose behind law-making and it is this that we seek to highlight.
Since India is signatory to the UN Charter of Human Rights , it would be pertinent to contextualise it. The
Charter is a product of the post Second World War which witnessed gross violations of human rights. The
weaknesses of the Charter were attempted to be filled up by the Universal Declaration of Human
Rights & Fundamental Freedom, 1948, preventing discrimination on grounds of race, sex, language,
or religion. Numerous articles of the Declaration pertaining to Economic, Social, Cultural Rights,
Civil & Political Rights have parallels with the Fundamental Rights enshrined in our own
Constitution.
Similarly, we look at the Humanitarian Charter and Minimum Standards in Disaster Response put
forward by the Sphere Project to have a more holistic approach to entitlements and impact & recovery.
Sphere Project is a programme of the Steering Committee for Humanitarian Response (SCHR) and
Interaction (a consortium of private and voluntary organizations). SCHR comprises of CARE International,
Caritas Internationalis, International Federation of Red Cross & Red Crescent Societies, Lutheran World
Federation, Medicines Sans Frontieres, Oxfam International, Save the Children Alliance, World Council of
Churches. In July 1979, the Sphere Project was initiated with four goals: (a) Development of a statement of
beneficiary rights (b) Development of a set of technical standards (c) Broad participation in the process (d)
Widespread dissemination of the results. Aim of Sphere is accountability and values which are truly
humanitarian at their core; which are concerned first and foremost with the well-being of a person in
distress. Humanitarian values compel us to protect not only the physical well-being - the right to
basic guarantee of life - but also the right to personal dignity; to take into account the cultural
specificities; to identify local capacities and strengths which predate external assistance.
The Humanitarian Charter talks of humanitarian rights of victims and is a Code of Conduct for the
International Red Cross and Red Crescent Movement and NGOs in Disaster Response Programmes.
It is a commitment by NGOs to performance in an emergency situation according to standards based , at a
minimum, on what people need for life with dignity. It is founded on international human rights law and
refugee law; to grant access for humanitarian impartial agencies; and based on a commitment not merely to
donors but to the very people affected ; and finally standards of service in 5 core areas of emergency
requirements: water & sanitation, nutrition, food aid, shelter & site and health services.
Sphere takes a Rights based approach by interpreting international human rights law as saying that
a people have a right to receive humanitarian assistance. This is in contrast with a charity based
a
©
3
5
=“
5
(d) Policies & Schemes of the Govt.: Entitlements conferred by Constitution & laws are supposed to find
expression in govt, policies and schemes which deliver the entitlements. They reflect the oolitoal and
nancial willingness of the govt., the standards of assistance, responsibilities of assistance providers at
various levels of international, national, state, district and local administration and the entitlements of the
ass.steo - community, household, individuals. What is policy? A policy is defined as a broad statement
o goals, objectives, and means that creates the framework for govt, activity (Grindle 1980 The
Impact of Development Policies on Health, WHO, Geneva. 1990). This statement is usually presented
as an explicit written document, although a policy can also be impiicit or unwritten. Schemes are the
programme element of the policies and they may achieve the policy objectives or distort them in their
)
I ipiemeniauon.
Under such a Legal Rights approach to entitlement, in the absence of national and state level
disaster-prevention & management policies that are statutory, this study looks at the Orissa Relief
fntm?3 T l.mpor^nt state 90Vt- P°licy relevant t0 disaster-situations, aiming to secure certain
entitlements to certain groups of people in calamity situations. So, the study compares the ORC
provisions on entiflements with those conferred by various laws. It seeks to find out the policy status of
the ORC, whe her its objectives and provisions seek to fulfill and deliver constitutional and
gislative entitlements and what are the gaps at the level of provisions ; whether it is used by the
admmstra ion during implementation of disaster prevention, relief and rehabilitation. How do the ORC
entitlements compare with entitlements expressed in other poiicy documents of the state, such as the Five
'SXS
refsrencesare
study A ri90r°US bUd9et analySIS In thls regard 18 high|y essential although it falls outside the scope of this
Legal approach has great advantages in pointing out eligibilities of different groups for various
facilities, status and opportunity, absence of eligibility or absence of law, legal obstructions in people
faw'to'fulfil? Anri C0? eru6d
C°nS“on or other lawS- It can point out who is under obligation of
X ° fhU™' ;tltle7int and Pun-shments that accrue from their violatons. This approach to entitlement
of
°r
"tS '“t,S *° dm,re"”1 impact
r,co^ t,cause
mXTThiSo n SitUati°nS °f diStreSS the perSOnS With no ie9al en^ement or less entitlement wnl suffer
ph'a‘law s ands between the individual and his/her need while fulfilling the same need for another
L XSnf
n? ?S Vulnerable ‘eligible' for certain things, (negative discrimination) it lays the ground
.or oifferential impact, because eligibility is one step to security. We can also infer that policies and laws
based on protective discrimination can accordingly reduce differential impact and recovery So if
protective discnmmation is not part of disaster management policy, then transition from
vulnerability to well-being will be slow, vulnerability being inversely proportional to well being.
The next question is whether impact of a disaster will be same on two groups of people who mav
necSv n9" e"9'biii7 ?r 3n entitlenient? Would recovery pattern became for both of them? No^
necessarily so. For example, Law may guarantee equal opportunity and equal payment for equal work for
Jr t d
T ” 3 3W Wh'Ch w apply t0 a dlsaster situation as wel1 ■ But is thai eligibility true
ntitlement - re., do women experience defacto enjoyment of that entitlement based on this legal eligibility
criteria? They do not. So. legal eligibility and real entitlement and enjoyment of that entitlement are different
things. One may be eligible but social structure may not permit the defacto control or enjoyment of that to
rinhtl
may T 693 y en1tlt.ledjWomen'.s inheritance rights can be cited here as an example. While legal
g
approach can explain differential impact & recovery in case of differential treatment in
«
r
T 2,a"5 '° eX,Plain ”hy Sta“ar ,esal 'res,”« ™ -Ktoents c“„
or,ier “
"h’ “s is hwenins “ "“d to S° <” "»
LlXn? i
?9h? ent'tlement ,s rooted in
Economy. The Political economy approach to
IrrJXn J 9 ""a
enMemsTnts may or may not be enjoyed in an imperfect or unequal
nnlT/T
P T
resources. Th's meaning of entitlement is drawn from an analysis of
poverty/deprivol.on and power structures emerging from caste, class, patriarchy, ethnicity Here it is
also the3 J ' i h3t Clr d°eS nOt mere'y Si3nify the division beien ‘he rich and the oor bit
J th a t A yerT
P°Verty
eXiSt through the poor ■ the very poor, the very very poor
and the destitute. These distinctions of poverty have also been accepted by the Planning
Commission in India. Entitlements have to be looked at in these different layers of poverty.
9
3
JAmadya Sen'S definitions of entitlements and the framework within which they are
J yed or neglected. According to Amartya Sen, entitlements depend upon one’s endowment-ownership
tatus. Endowments may be in the form of land, cattle, labour, forest, river, depending on agrarian or foresb
based economy, or mixed one. Entitlements .elate to what food or commodities one can get with the
exchange of enaowments by way of own-production, trade, own- labour or skill or through inheritance and
AmJ (Ihe,Ama^ya Sen,& Jean Dreze Omnibus, Oxford Publication). Entitlements as explained by
Mv 1 I MVe h .Underst00d within 3 framework of socio-economic relationships which determine an
J J mlaucnsh.p to the means of production in that society. The ownership over means of production
determines one s ommand oyer food and other essential commodities. Differentials in ownership are an
come of existing stratification politics where women, dalits and minorities are excluded from
ownmg indigenous knowledge systems, commons, technology, indigenous decision making and
judicial institutions, health, education, shelter and skills.
9
eJtl Jnt!h-PK tat|USHC°nSeqUently determine ones eligibility to have economic and socio-cultural
hlS e''gib"ty rank'n9 may eyen flout al1 iegal norms and work contrarily to law, snatching
away what law may have conferred. Even if law responds back by making legal provisions for ’protective
discrimination, power equations in the political economy structure may not permit their implementation This
Jtom
°f lntervening in tbe P°litical economy to secure defacto control over legal
ci luuernenis.
o
Recovery depends upon the presence of opportunities provided by endowments. In a pre-and-postdlsaster situation n .aw continues to be silent to impingement on legal entitlements by the political economy
then it follows that life-chances for recovery will shrink for that group. Political willingness of the State to
n he contrary, if labour is the only endowment that one possesses, in a disaster situation if there is no
provision for employment where the individual can exchange it for food , then such vulnerability may even
ead to succumbing. It may lead to distress sale of labour or even the final exchange i.e, of self which is
the most exploitative exchange, violating Article 23 which is the Fundamental Right against Exploitation and
also laws on immoral trafficking. A ranking based on which of one’s endowments is being exchanged
its exchange-value and the degree of distress in that exchange will indicate degree of vulnerabHitv
degree of recovery to pre-disaster situation or more appropriately, towards well-being.
Law is not exactly absent in this framework ; it plays a key role in fixing the value of all exchange
entitlements. The strength of this value helps in determining the speed of recovery. For instance, the
exchange value of labour, in our context, is fixed according to the Minimum Wage Act, 1948. But if law has
fixed a low wage-value on its exchange, in a post-disaster situation it will slow down the pace of recovery.
The clarity of the Act in classifying and providing for the certification of different categories of labour as well
as nature of works covered under the Act will also have impact on recovery.
Laws existence and absence does make a difference to the value of one's entitlements. Sometimes there
may nor even be a law providing for a support price for the sale of one's endowments such as a crop, craft
items, or rorest produce, in which case there is no scope non-exploitative exchange. The person will be
forced to enter distress sale, in which case meagre assets that may have survived the disaster, instead of
being used for recovery, will be used for mere survival. Legal provisions for non-exploitative exchange and
the extent to which power relations in the political economy facilitate or obstruct their implementation will
therefore determine the pace and degree of recovery after a distress.
There is a need to look at both approaches because sometimes law might stand between the individual and
his/her cultural entitlement and sometimes differential power - privileges equations in the political economy
might stand between them and their legal entitlement. Aggravating these socio-economic differentials
are also those created by age, disability, singleness and destitution. If the political economy of a
community renders so much differential treatment & differential enjoyment of entitlements on the
lines of caste, class, gender, ethnicity, religion, then it is even more so in the case of the aged, the
disabled, destitutes/widows and orphans, especially from impoverished and discriminated
backgrounds, who are very often dependant on the larger community for their protection and the
honest delivery of their entitlements.
What are the policies pertaining to the entitlements of these sections? What is the binding
force/cohesiveness available within the community that will morally, without force of law. oblige the
community to entitle the extra-vulnerable groups mentioned above? In any emergency, vulnerability
gets concentrated with these groups; so at each stage of preparation against a disaster, emergency
response and rehabilitation, they merit first consideration. Are there policies addressing their capacity
building . Does the community have policies of its own that guarantee protective discrimination? This brings
us to what a community ought to be to reduce the impact of a disaster on these groups; what a government
ought to be to reduce impact and ensure their speedy recovery.
Within the political economy framework the argument is that differentials in ownership over social
cultural and economic endowments, leads to differentials in capacities for self-help and protection
This is because of differential command over infrastructures, decision-making institutions, knowledge
systems, common property resources. This means that in a post-disaster situation, if one loses their
ownership over assets, partially or completely, or if their exchange-value have fallen, partially or completely,
then they will experience partial or total entitlement failure. People with fewer assets lose their ability to
command food and other commodities more easily than others thus experiencing entitlement failure
Recovery is also slower for them. Why is this so ?
That is because resource-endowments have shock-absorbing capacities which help an individual to
bounce back to well-being, capacities which are enormously reduced for a poorly endowed person
or an endowment-loser. These shock-absorbers reduce the element of risk against entitlement
failure. Such ownership also brings shock-absorbers like secure housing, drinking water, good health,
education, credit facility, political connections to mobilize law, control over community assets and decision
making structures. They increase security and reduce risk to life, employment, property. Risk is more for
c
o
c
those whose endowment-entitlement exchange mapping is weak and not only for those whose geographical
situation is poor. Although more often than not, location is also politically manipulated. For instance the
refugees and migrants living in vulnerable location are hardly doing it out of an exercise of their best option
Were they given a choice to stay anywhere else in the beginning?
If impact of a disaster and recovery from it depend on risk-reduction, and the ownership of
endowments can reduce risk by preventing entitlement failure, then it means that endowments have
to be given to people who do not own them. So here, we come to the area of endowment
redistribution and transfer - If endowments with their shock absorbing qualities give insurance against
risks and losses then they must be redistributed to reduce differential impact. For this people must be given
land rights, employment for exchange of their labour and skills, livelihood implements, education credit
sustainable technology, good environment and policy and other knowledge. Recovery is directly
proportional to endowment-redistribution and entitlement transfer. If this is so, then the moral and
constitutional duty of a government ought to be to ensure such redistribution and transfer to those
vulnerable due to age caste, class, gender, ethnicity, disability, singleness; the moral role of
community institutions lies in facilitating in this process.
Artide 39 (b) of the Constitution states that the ownership and control of the material resources should be
so distributed as best to subserve the common good. Article 17 of the United Nations Human Right
Dec aration says that everyone has the right to own property alone as well as in association with others.
Implementation of law depends on effective governance - a politically and financially willing
government. A government may fail to effectively carry out redistributive justice, sav for instance in the case
ot land or even where it tries, political-economy may obstruct the neo-entitled to take ownersnip over the
same. As in U.P. where the dalit families of Dohri Vakil village of Kashipur Tehsil find their lanes grabbed by
upper caste mafia or in Gujarat where dalits in Surendranagar district have merely got paper rights over
their land as upper castes are standing in the way of their defacto control. (Dalit Human Rights Violations
Atrocities against Dalits in India, National Public Hearing, Apr. 2000, Vol I ) In the absence of
sustained efforts by the govt, for redistribution of resources, what other means of entitlement
transfer are available to the poorly endowed/entitled people that can reduce differential impact and
hasten recovery? This is where we come to the issue of Social Security provisions.
In any welfare state there is provision for a certain social security mechanism that is to operate as a
safety net to protect the poorly endowed against food, shelter, health, education and employment
insecurities. In the Indian context, Social security and Social insurance are covered under Item 23 of
the Concurrent List, which means that both the Centre and the State are empowered to make laws on this
subject. In an unequal society, this mechanism provides some chance of controlling differential impact and
recovery by providing alternative shock absorbers. How well are the different sectoral areas of food health
income, education covered by the social security provisions of the govt. ? The Public Distribution System or
the Supplementary/Emergency feeding programme run by the state are examples. Apart from these there is
another vital area which must provide for risk-proofing through a system of sharing of losses. This is
through social security arrangements for Subsidies, Compensations, Credit and Insurance
How well are these insurance systems organized and functioning in normal times and how do these
systems respond to the more vulnerable in a disaster situation would determine differential impact and
recovery. For instance, in the case of coastal calamities, where fisher people lose their boats, weavers their
looms, where crops are destroyed by saline inundation, cattle perishes, and other household and livelihood
assets are washed away, what social security provisions exist for disaster- insurance of these assets as it
does in other disaster prone countries? What tax relief and protective credit schemes exist?
Provisions for this depends on the existence of policies to support risk-sharing. Who will share risks and
losses with the more affected people depends on the policies - whether it will be the government, private
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insurance companies, social organizations, central funds, state funds, or a combination of these will be
reflected in policy. In Australia, there is a national scheme for natural disaster insurance made in 1978; in
the USA, an arrangement prevails in seven coastal states, joint underwriting associations who have agreed
to operate "single adjuster programmes” with the National Flood Insurance Programme in cases of wind
and water damage. Records of these policies are also kept centrally for their safety, under a voluntary
scheme such as that operated by the National Centre for Claims Information in the United States. In Japan
a system of Mutual Relief Fund is operated by both farm and non-farm communities as an insurance against
disasters. (Preparedness Aspects - Disaster Prevention & Mitigation - Vol II - United Nations, 1984)
How are the government, the insurance industry and the insured persons or people's organizations
themselves involved in this aspect of pre-disaster planning ? To ensure that people do cot have to run from
pillar to post when a claims situation arises will depend on government’s regulation of insurance companies
and government s own allocations and clear implementation norms as well as mutual insurance systems
set up with the community . It would be of interest to note here that following the great famine of 187678, a Special Fund of Rs. 15 million, known as the Famine Relief Fund and Insurance Fund, was set
apart every year from 1882. Half of it was earmarked for development of railways and irrigation if it
was not spent on famine relief. (Natural Disaster Management in National Development - An Indian
Perspective - K.Rajan; Disaster Management, Ed. Vinod Sharma, IIPA, 1997)
Is there neeo *or an Emergency Reserve Fund or Emergency Funding Committee apart from the regular
allocations to the Calamity Relief Fund of the State & National Fund for Calamity Relief to deal with
insurance? Within the country, the Government of Maharashtra, has developed its Disaster Management
Plan in 1998. his is the first multi-disaster response mechanism made in the country, a.oeit under a lot of
pressure from me World Bank. This Plan has suggested a state-sponsored Vulnerability Reduction Fund
(VRF) and a msaster linked insurance cover for life, household goods, cam'e, structures, and crops as
mitigation-related incentives. (Maharashtra State Government Disaster Management Plan - Bhavana
Padiyath. India Disasters Report. - Towards a Policy Initiative - Ed. by Parasuraman S.& Unnikrisnan
P.V.; Oxford University Press). 7/hat kind of policy changes are requ.red in the nsurance sector,
government ar.a community to meet this social security need for disaster insurance?
Are community initiatives for collective insurance possible to take the risk off the individual and
household? Where can we draw these experiences from? What coping mechanisms do communities
have to insure themselves and their assets against disasters? Do co-operatives, self-groups and
community funds have a role here? What role can the Government and NGOs play in building
mutual insurance capacities?
Recovery will be faster where both de-facto redistributive justice measures and social security
measures are activised simultaneously. Both measures ensure loss- sharing across groups enjoying
differential emi:ements thus reducing risk. Loss-sharing provisions and systems thus become another
yardstick by which recovery chances of the vulnerable may be improved.
Again we need to look at the social security and loss-sharing provisions for the extra vulnerable
made for normalcy and disaster periods . A disaster creates a situation of what Amartya Sen refers
to as ‘derived destitution’. Being a discriminated and neglected category what will be the chances of
the recovery of orphans, widows, disabled and other destitutes if social security guidelines in an
emergency and post-disaster situation exists neither with the community nor with the government?
If the community is the first one to respond in a disaster situation, then what kind of risk-sharing
values/attitudes ought it to have that will give the needed social security assurance to the aged,
destitutes, widows, orphans, disabled ? This brings us to the area of their capacity-building through
value-change.
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4
People’s capacities for protection will depend on the levels of community consciousness ie its
psychology, its cohesiveness based on ethics. This may not have legal sanction but is effective
through community morality. The mere existence of a progressive law does not mean that
vulnerability will be addressed at the time of risk. Therefore the importance of ethics of fairness or
justice, secularism, equity, gender sensitivity that can only be built up in the community through
community sensitization. For instance, a widow or a disabled person might require to be rescued or
evacuated first during a disaster, but community should abide by such ethics. The destitutes created after a
disaster may also require that extra care to deal with trauma, acceptance in the community and security
ms ead of being ostracized or exploited because of their sexuality, childhood, lack of family guardian, shelter
or sudden financial gains. To what extent they are taken care of within the community itself and their riqhts
to compensation and livelihood assets are prioritized and protected rather than abused, depends on the
values of the community. These values will determine impact and recovery. The role of the NGOs can
hardly be underplayed here.
Along with the community, the state must also be moral. This leads us to Political Willingness of the state
machinery to deliver the policies and their mechanisms for delivery. Political willingness of governance
framework and law have a big role to play in the redistribution of endowments. A politically and financially
willing govt, is required to dovetail development-disaster planning. This study will analyse the
Orissa Relief Code provisions for endowment transfers, placing of loss-distribution systems for
risk-sharing and their adequacy, capacity-building of the community in terms of values and attitudes
as a reflection of such willingness. It will also explore the areas of implementation gaps which may
be responsible for differential recovery.
7
The concern for what a community’s infrastructural, institutional and valuational capacities ought to
e has to be matched by an equal concern for what a government’s capacities ought to be in its
infrastructures, institutions and values, skills and knowledge. (Utpal Maitra, Department For
International Development) The last emerges from the knowledge that the government, since its creation,
has been the key service provider during disaster and is the main actor during the period of normal planned
development. The values of a government., very often overlooked, are actually most fundamental,
since they are at the bottom of all its policies. Since Government's values determine whose needs are
eserving of being met, and what entitlements they should enjoy through its laws and policies, influencing
policies and thereby the values of the govt, acquires importance. The need is for a responsible
government committed to welfare objectives, with certain responsibilities that cannot be shifted to
the civil society, much as we may speak of its increasing role during normalcy and disaster. At the
same time the need is also for a democratic government, which involves stakeholders from different
levels of governance, which is transparent in its dealings and is accountable to the people for the
quality of its delivery system. Along with willingness and attitude a government must also
strengthen its delivering institutions like Block and Panchayat, and infrastructures of
communication like roads, landlines, storage systems.
Who are the vehicles of delivery, i.e., the Service providers? The govt, delivers its policies through its
schemes through its own administrative channels like the District Office, Block, Tehsil and Gram Panchayat.
It also takes the help of voluntary organizations, local, national, international in its efforts. During emergency
many international groups emerge as service providers. How do all these groups know who to reach, how to
provide, by what time, in what form? So, here we go to governance and Standards of Assistance set
within governance framework to deliver its policies. Standards of Assistance involves Standards of
Entitlements and Standards of Service.
While differential impact to a large extent can be understood and reduced by intervention in the two
entitlement realms of the legal and political-economy, a holistic understanding of differential
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recovery will demand that along with this, we look at the standards of assistance by which social
security and disaster relief and rehabilitation measures are carried out. Entitlements must have
standards in order to ensure survival with dignity . It cannot be left to the whims and charity of the
service-provider but must be based on need-assessment. Need implies deficit. How does one measure
deficit if not by using the standards in ones assessment of need ?
These standards lay down, firstly, who the service providers are and who is to be assisted. If govt, is
the key stakeholder then what are its standards of assistance regarding inclusion of affected people in
prevention and management of disasters rather than looking on them as passive recipients. How inclusive is
it regarding the involvement of international bodies, NGOs, local self-govt, organizations and community
based organizations? What are the partnership norms laid down in the standards of assistance? The
more democratic the norms, the more clear and universal the norms faster will be the speed of recovery.
Otherwise competition between service providers or confusions regarding the best standard will prevail;
standards will be checked out through trial and error affecting vulnerable people's speed of recovery.
Apart from identifying the roles and responsibilities of service providers. Standards of Assistance
should lay down both materialist and non-materialist aspects of disaster prevention & risk reduction
in order to hasten recovery.
What are materialist standards ? Under materialist standards one can look at finance and quantum
of assistance, technological standards in the different need areas of housing, flood management,
cyclone warning systems. According to the Humanitarian Charter of Assistance of the Sphere Project
initiated by several international organizations, materialist standards are not enough to provide minimum
humanitarian assistance. Non-materialist areas such as humanitarian values and attitudes, dignity
assurance, timeliness of assistance, competencies of service providers/sectorai specialists
provision for legal assistance, psycho-social health previsions, respecting the cultural sensitivities
of affected people will have a positive co-relation with the speed and quality of recovery. (Source :
Internet) Non-materialist standards must also be based on vulnerability targetting based on
understanding of discrimination, ie. Caste/different categories of poor/ gender /ethnicity/ age/ disability/
singleness dynamics. These non-materialist aspects of assistance will determine the quality of delivery
mechanisms.
A crucial non-materialist function of standards of assistance is the element of People’s Participation
in their own recovery processes. The Sphere project addresses Beneficiary Involvement towards
Increasing Accountability. Beneficiary must be involved in the validation and testing of the standards.
Beneficiary involvement needs to be made explicit in all areas - assessment, programme design,
implementation, review and sustainability in the post-emergency phase. For example, can damage
assessment be done by the vulnerable and affected people themselves rather than by the Tahsildar
or Revenue Inspector alone? Will not such participation improve transperancy and effective
vulnerability targeting and reduce corruption ? For such involvement, the individual needs to be placed
at the center of all development efforts and encapacitated. In the case of the above example, community
volunteers will need to be trained in damage assessment. The role of the Voluntary sector is immense in
this area.
To facilitate community participation, the government must first of all invest in the capacities and
capabilities of the people, in the areas of their food security, shelter, health, education and training.
People must have opportunity to invest in the development of their capabilities and must have the
opportunity to use their capabilities. Differential provisions for building up of people’s capabilities,
differential opportunities and use of those opportunities will indicate differential recovery. This is what has
been evidenced from the economics of neglect which deals with the circumstances in which the conversion
of potential into actual labour power is not possible because basic needs are not met for a large section of
the population. Nutrition and health care, according to Partha Dasgupta are a necessary means for
conversion, as are primary and secondary education. ( The Economics of Neglect, Partha Dasgupta. A
Framework for Survival - Health, Human Rights, and Humanitarian Asistance in Conflicts and
Disasters. Ed. by Kevin M. Cahill, Joint Publication of Basic Books & the Council on Foreign
Relations) Similarly, if a wage-labourer has no opportunities for education, then he/she is stuck with only
labour as his/her endowment; the opportunities to acquire new skills and capacities like health or credit
shrink, thereby increasing the protection gap.
Evaluation of differential recovery can be done according to the standards set by the service providers
themselves, and those set by others. In the case of Orissa, where are these standards codified ? Standards
of assistance are laid down in the ORC in the form of General Principles Regulating Relief Measures,
Objectives of Relief Measures and Preventive and Curative provisions for different kinds of
calamities - eligibility to assistance, form of assistance, time and scale of assistance. According to
the ORC, natural calamities may be of two types - major and minor natural calamities. No relief measures
are undertaken for minor calamities which are of localized nature. The extent of assistance in the case of
major calamity depends on the degree of severity of the calamity. The General Principles Regulating
Relief Measures under Para 6 of the Code point out that relief should be very much part of rural welfare
and development. Provision for labour intensive work, provision of food and drinking water, Gratuitous relief
to prevent physical deterioration of vulnerable sections of people, Assistance to cultivators to retrieve loss,
Assistance from Non-government sectors, Best utilisation of resources are the general principles under
which relief measures should be regulated. The details of each of these forms of assistance will be
discussed in the study. The Objectives of Relief Measures, as Para 5 of the Code points out, are not only
to prevent starvation but also to prevent physical deterioration and destitution of the people; to enable them
to resume their ordinary pursuits of life on return of better times and simultaneously to encourage the village
community in making concerted and continuous efforts to fight a common misfortune - This objective has
implications for government’s responsibility in restoration and rehabilitation. Boosting of the morale of the
public in times of disasters is an important objective of the relief operations. The approach to relief in the
present context, has to be both preventive as well as maintenance of a common standard of economic
health of the people.
In the study we will be analyzing to what extent standards set in the objectives and principles of the
Code have been achieved in the context of preparedness, Supercyclone relief and rehabilitation
work. This analysis will indicate impact and recovery. W hat are ORC standards of targeting, i.e., who
is to be assisted? How have dalits, women, disabled, orphans, widows and other vulnerable been
acdressed? Have core areas of competencies been laid down? How are materialist and non-materialist
requirements of the vulnerable individual, household and community in a vulnerable environment been
provided for? How are these standards backed by law ? What are the time frames within which delivery of
opportunity or facility must occur ? Example, if a small farmer is entitled to provisions of seed and tilling
support what is the time of provision laid down? Have technological standards been laid down for housing,
flood control works? What happens to recovery process if proper time and technology standards are not laid
down or are not adhered to?
Yet another indicator to recovery from disasters is to see whether standards of assistance implicit in
policies are structural or non-structural or both.
Various approaches to Flood Management have been classifed by P.C. Jain, Chief Engineer, Flood
Management, Central Water Commission, New Delhi, 1997 - (i) Modifying the floods which emphasizes
on structures like reservoirs/dams, embankments, channel improvement, town protection and river training
works (ii) Modifying the susceptibility to flood damages and disruption. This comprises of flood plain
management, flood-proofing, disaster preparedness, response plar^, flood forecasting and warning. A key
part of Flood Plain Management is Flood Plain Zoning, (iii) Modifying the impact of floods on
individuals and the community. This involves reducing the loss burden which can be done in two
ways - firstly, emergency measures such as evacuation, flood fighting, public health measures and
secondly, the redistribution of losses, addressed earlier, through disaster relief, tax relief and flood
insurance. (Flood Mitigation Practices in India, P.C.Jain. Disaster Management. Ed. Vinod Sharma,
IIPA, 1997) Policy changes in disaster prone countries like America, have shown the need to shift from
structural to non-structural approach for flood management in order to reduce risks . There was increasing
trend in flood damages in spite of substantial flood management works in the USA due to which in 1961,
after 25 years, alternative strategy of non-structural measures were adopted with two approaches (i)
modifying the susceptibility of flood damages and (ii) modifying impact of floodings on the
individual and community.
Is the flood management policy of our state structural or non-structural? Does it advocate structurally
modifying floods and pathways of rivers ? What are the non-structural measures, if any, laid down for
disaster management? Where are these structures being provided, for whose protection and use and at
whose cost? Or is the policy geared towards flood plain management, afforestation or investing in the
capacities of a community as part of risk-reduction, disaster-proofing and decreasing loss burden, or a
mixture of all these? Do we need both structural and non-structural flood control measures?
Billion dollar efforts in structural measures by the governments in all the South Asian countries have failed
to control floods. In fact, dams have become an important cause of floods. Embankments have disrupted
the natural drainage system in the flood plains. (Terms of Reference for Scoping Study on Co-ordinated
Disaster Management in the context of Action Aid’s Working Area in Asia -India, Pakistan, Nepal,
Bangladesh, Vietnam) Flood control structures can never be fool-proof methods to flood-mifigation. In fact,
when such structures fail or break impact of disaster is enormously increased. Is there therefore greater
need to invest in Flood Plain Zoning and Loss-Distribution systems to modify the impact of disasters?
Where is the political and financial emphasis in the state government’s disaster management
policies - materialist or non-materialist, structural or non-structural ? What kind of balance exists?
Here, we look at the ORC provisions and the Ninth Plan document of the state to identify risks and
vulnerability, protection through loss distribution systems and recovery chances of the vulnerable in the case
of a disaster.
In the case of cyclones, what developments have taken place in our warning and response systems, will no
doubt, determine impact. But if community based infrastrucrure like community shelters, safe drinking water
provisions have not been arranged, or if community has rot been enabled to react to warnings received,
then technology of warning & response has failed in reducing impact. For this, community capacities at the
level of infrastructure such as shelter, food, clothing, community institutions and values have to be invested
in apart from investing in sound warning systems. What provisions are there in the Orissa Relief Code
towards Community Preparedness? What lessons do we need to learn from other states here? For
example, Andhra Pradesh has invested into research cn core housing as the Structural Engineering
Department of the Roorkee University has designed good, low-cost cyclone and earthquake proof housing
structures with guidelines for minimum safety standards that cost a little more. A cyclone-proof low-cost
house can today be built with Rs. 12,000/- in Andhra Pradesh. (Cyclone Mitigation Measures - An
Interview with Capt A.V.S.Reddy. India Disasters Report - Towards a Policy Initiative. Parasuraman
S. & Unnikrishnan P.V. Oxford Publication)
The codification of the standards of assistance will mean that service providers can be held
accountable to them. Can the government at its various levels be held accountable to the standards set by
itself? Accountability depends on giving statutory character to the ORC which we have already discussed
and the administrative willingness of the state to act and operate theso standards; legal recognition of the
people’s right to information. Democratic norms of accountability and transparency will ensure that people’s
entitlements are not left to discretion, charity or corruption of service providers.
What is then the accountability framework within which the State is operating ? Are accountability
standards laid down for all service providers in the ORC ? What are the gaps? As per ORC policy, what is
the delivery mechanism to meet infrastructural, institutional and non-materialist recuirements of vulnerable
community, household and individual? What are standards of assistance of the delivery mechanisms ?
(materialist and non-materialist standards/structural and non-structural standards') Are they aoequate in
comparison to provisions in constitution and law, and international standards mentioned above? In
comparison, we look at standards of disaster management laid down by Bangladesh’s Disaster
Management Ministry & Bureau, a country susceptible to similar disasters like the state of Orissa., in
its Standing Orders on Disaster. Ambiguities in policies affects accountability. In Bangladesh, there are
standing orders to each department in different time periods of normalcy, eariy warning, emergency
response, relief and rehabilitation. The roles of each government department, other service providers like
NGOs and community volunteers are well carved out.
All entitlements accruing to different groups targeted by CPC under coastal calamities will be looked at from
these numerous approaches and finally evaluated on the oasis of Real Time Response vis- a- vis standards
set. This will determine degree of recovery. The Real Time Response vis-a-vis standards set throws light on
the nature of governance as well as exposing the effectiveness of its delivery mechanisms. The High
Powered Committee advocates the development of the Trigger Mechanism as an emergency quick
response mechanism which would spontaneously set the vehicle of management into motion on
the road to disaster mitigation process. This would enaole the disaster managers to know in advance
the task assigned to them and the manner of response. Tne Trigger Mechanism, is in essence, an operating
standard where the implementation of the efforts on grcuno is well laid down. Activities common to all types
of disasters like evacuation, search and rescue, tempera-/ shelter, food, drinking water, clothing, health
and sanitation, communications, accessability and public -'ormation should be backed by sub-action plans
by each specified authority.
The study will point out the key areas where the major failures in delivery mechanisms took place according
to standards set. A study of different rigour, however, will be required to probe the differential
recovery pattern in all the affected districts.
Study Design & Methodology : The ideological component of the study design is based on (1) Policy
analysis with a Legal Rights Approach to Entitlement based on law: Review of Constitutional, Central, State
and relevant International law , review of policy documents like Orissa Relief Code and State Plans (2)
Human Rights approach to Entitlement drawn from an ana.ysis of political economy, without overlooking the
inter-relations between the two.
Methods followed are : (1) Interviews & Discussions with Stakeholders : views of stakeholders as service
providers, as victims and international, national, state, locai level resource and service providers (2) Media
clippings; (3) Case studies and inferences drawn from Gap Analysis done by a Participatory Poverty
Profiling and Need Assessment Study done, between January and February 2000, by Action Aid in
Erasama and Balikuda blocks of Jagatsingpur district, the worst affected area in the Super Cyclone; (4)
Case Study of Pradhangheri village of Padampur GP, Erasama block , the worst affected block ; (5) Case
studies of victims from secondary sources such as from legal counselling centers and public hearings;
(6) Case studies of policy and community attempts for disaster-proofing based on secondary sources.
Finally by linking the case studies to an analysis of policy and implementation gaps, political economy of
coastal Orissa and delivery mechanisms, the study will point out the broad indicators for differential impact
and recovery and policy efforts to prevent the same.
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The areas for future advocacy will also emerge from the present study . The areas where new policies
are required, or need to be changed will be pointed out. Guidelines for universal code of conduct and
standards of assistance will be put forward. The role of key stakeholders ( the community & the most
vulnerable among the affected people in it, Govt., NGOs, Bilaterals, local self-governing institutions) will also
be discussed. This will be in order to mitigate impact of disasters, increase preparedness, improve
emergency response and increase loss sharing among the unequal stakeholders as part of
rehabilitation measures.
Follow - Up : This study can be followed up by taking more-long term studies in selected areas of a district
to substantiate that there is differential impact and recovery because of differential enjoyment of legal
rights, unequal endowment-entitlement positions, defective standards of assistance and defective real time
response. This study can be further supported by a budget analysis of the government’s development and
disaster allocations, grants received and expenditures.
VULNERABILITY - STAKEHOLDERSHIP ARRANGEMENT IN ORISSA RELIEF CODE
A disaster occurs when a hazard interacts with a vulnerable population. While disaster reduction
can sometimes be achieved through reducing the scale of the hazard, it invariably involves the
reduction of vulnerability to that hazard. The risk faced by a population is a combination of the level
of hazard and of vulnerability to that hazard. Vulnerability reduction can be guided by risk assessment
and risk evaluation, the former being more quantitative and the latter involving a prioritization of risks based
on the social, political and development judgement. Measures to reduce vulnerability (and sometimes the
hazards themselves) can be formulated once risk analysis is carried out.
Very often, the concentration is on relief, to ‘do somerning fast’, but rehabilitation and reconstruction effcr.s
are totally inadequate. In other words, the development dimensions of relief are often ignored. The
concentration of resources, media and international, national priorities are more on relief than the difficu t
task of rebuilding.
Perhaps the greatest constraint on implementing vulnerability reduction measures is budgetary. Fcr
example, the Japanese Govt, spends $2billion per year on vulnerability reduction and disaster
preparedness. This is more than the total govt, revenue of half the world's nations. In addition, the priva:e
sector in Japan invests heavily in vulnerability reduction. In most developing countries, however, investmer:
capital is at a premium. Therefore, the International Decade for Natural Disaster Reduction (1990-2000)
suggests that atleast 1% of total GDP must be set aside for disaster management.
The role of the govt, in vulnerability reduction is crucial since it disposes of tools ( such as legislative
powers, local government, structures, and investment plans) But govt, alone cannot implement vulnerability
reduction measures. The support of the private sector (including construction and insurance sectors), NGCs
and community level organizations is indispensable. Community coping mechanisms can be greauv
strengthened by a community based preparedness plan. We are looking at stakeholdership from the point c?
view of identifying with whom vulnerability lies ano on whom lies the responsibility to reduce thvulnerability.
Vulnerability is to be located both geographically, by socio-economic factors such as poverty, patriarchy
caste and ethnicity, by vocation, by age, disability ana singleness. Stakeholdership positioning may be
determined by degree of vulnerability/ closeness to the hazard, and degree of power in decision-making anc
resource control, strength of one's entitlements and links between the three. Stakeholdership has
relevance from the point of good governance, and to see how the most immediate and largest
stakeholder who stands to lose his/her life has been empowered within existing policy framework of
the government. We may classify the community and its vulnerable populations as the victims. As
victims, they constitute primary stakeholders. The competencies of the secondary stakeholders, i.e..
the service providers and the resource providers, the priorities of their resource investment, the
level of co-ordination and the standards of service and entitlements provided by them will determine
to a large extent the opportunities for recovery for the various primary stakeholders. The service
providers are constituted by the emergency managers, doctors, techno-specialists like engineers, the Army
and Police, civil, defence volunteers, community institutions and community volunteers. Amongst the
resource agencies we may look at the Govt, as the key stakeholder and Non-Govt agencies such as
NGOs, INGOs, and Bi-laterals . We look at the Govt, as a key stakeholder from the point of view of being
the biggest spender with a contingency plan and financial policy for calamities and a machinery to
implement relief activities.
The arrangement of power, resources, decision-making and accountability between the victims,
service providers and resource providers will have implications for governance and, in turn, on
disaster mitigation. What are the capacities that are to be invested in the primary stakeholders to
reduce their vulnerability to disasters ? What are the capacities invested in service providers and
capacities of resource providers to ensure disaster mitigation? What are the empowering features of
the Orissa Relief Code in this regard? What are the policy gaps which increase the vulnerability of
primary stakeholders? How can it be reduced?
We look at the powers and vulnerability of the different stakeholders, starting with the victims.
1. VICTIMS: PRIMARY STAKEHOLDERS
1.1 Community : The word community has been used only twice in the ORC - under Para 5 where
one of the objectives of the state is stated as increasing the morale of the community during
disasters, and under Para 122 - ‘Community preparedness programme and long term measures’..
Community has not been addressed as an equal stakeholder. The ORC addresses it as a passive
beneficiary, not as a repository of knowledge, values, technologies, skills and coping mechanisms
that need to be respected, enhanced or built upon for disaster preparedness. There is no indication
as to who the community is.
Where does the word ‘community’ find mention in law ? For this we go to the provisions of the Panchayat
(Extension to Scheduled Areas) Act, 1996, Act No. 40/1996 342:
Not withstanding anything contained under Part IX of the Consttitution. the Legislature of a state shall not
make any law under that part which is inconsistent with any of the following features, namely
(a) a state legislation on the Panchayats that may be made shall be in consonance with the customary
law, social and religious practices and traditional management practices of community
resources.
(b) A village shall ordinarily consist of a habitation or a group of habitations or a hamlet or a
group of hamlets comprising a community and managing its affair in accordance with traditions
and customs
(c) Every village shall have a gram sabha consisting of persons whcse names are included in the
electoral rolls for the Panchayat at the village level.
(d) Every gram sabha shall be competent to safeguard and preserve the traditions and customs of the
people, their cultural identity, community resources and the customary mode of dispute
resolution.
How has the concept of community been understood in the Constitution ? CLAP has detected the
constitutional reference in Pan IX of the Constitution. According to Part IX, ‘vii age' means a village specified
by the Governor by Public Notification of a village for the purposes of this part and includes a group of
villages so specified, vide section 243 (g). This constitutional change had its impact on what was meant to
be a state subject under Item 5 of the State List - Local Self Government or village administration.
If we look at our Plan Documents, then we find three kinds of community-based organizations being
promoted - the primary school, the gram panchayat under the appropriate panchayat law and
thirdly, co-operative societies.
According to Neera Singh from Vasundhara, an organisation working on natural forest regeneration in
Orissa with community involvement, ‘community’ to them can mean the hamlet, the gram sabha or the
panchayat. It may even mean one or more groups of people or one or more villages, but they should be
bound together by a common consciousness and the sharing of a common resource base to be
identified as such.
Here it would be relevant to mention Art 29(1) of UNDHR which emphasizes on everyone’s duties to the
community in which alone the free and full development is possible. Because liberty is a social contract. If a
person wants to enjoy his rights in the community he will have to respect the rights of others. The
Fundamental Duties added to our Constitution with the 42nd Amendment also stress the same. But
irrespective of ail these laws, it is the community consciousness defined by its binding norms of ethics,
morality and concern for the weaker sections/vulnerable, which will influence to a great extent the self-help
and coping mechanisms to reduce vulnerability to disasters, apart from institutions and infrastructures.
Studies in differential impact and recovery should co-relate the nature of coping mechanisms where
community consciousness was high and vice versa; was exploitation more where sense of community is
missing? Was relief distribution more effective where sense of community was stronger? Level of
community consciousness is related to vulnerability reduction and closing the ‘protection gap’
created by inequities in development and inequities in the relief, rehabilitation processes.
Within these community institutions there are stakeholders existing as micro-communities. In the
disaster-prone coastal Orissa context, they are the different categories of poor, disabled, aged,
destitutes, the wage labourers , dalits, women, migrants, refugees, and orphans, vocational groups
such as small and marginal farmers, non-farm based communities such as fisherfolk, weaver,
artisans, animal rearers who may be located individually or at a hamlet level.
Before we go the Panchayat and Gram Sabha as Stakeholders we may address the poor as primary
stakeholders.
1.2 The Poor as Primary stakeholders : The Sixth Five year Plan of India (1980 - 85) defined poverty line
on the basis of norms of nutritional requirements, i.e., 2400 calories per person in rural areas and 2,100
calories per person for the urban areas. In monetary terms, the estimates were derived by using Rs 76/- per
capita per month at 1979-80 prices in rural areas and Rs 88/- per capita per month for the urban areas. At
1984-85 prices the cut-off lines were revised o Rs 107/- for rural and Rs 122/- for urban areas. This cut off
line is always being revised on the basis of the changes in prices. In case, due to lack of resources, a man
or woman is unable to secure this food package, he/she is considered to be Below the Poverty Line (BPL).
We need to look at the poverty ladder here in order to understand the different categories of the poor who
are not a monolithic entity but are arranged at different steps of this poverty ladder:
(a) Destitutes : Income per family is Rs. 3,200/- or less per annum. It is the lowest step of the ladder.
(b) Very, Very Poor: Rs. 3,201/- to Rs. 6,000/- per annum for family. This is the lowest but next step.
© Very Poor: Rs. 6001/- to Rs 8,000/- per annum for family. This is the next step from below.
(b) Poor: Rs. 8,000/- to Rs. 11,000/- per annum per family. This is the next higher step in the poverty
ladder.
(c) Non-Poor:Rs. 11,001/-to Rs. 12,200/-per annum per family. At this threshold one reaches above the
poverty line. While absolute poverty is defined by the minimum calorie intake recommended by ICMR,
the relative poverty stage begins on reaching the non-poor stage. Between the non-poor stage and
income-tax paying stage there is a long journey of relative poverty. Vulnerability is highest for the
destitutes. The reduction of vulnerability would inevitably involve bringing the destitute, the poorest, to a
non-poor status.
(Source: Workshop Report, State Level Workshop on Entitlements of Rural Women in Orissa March
1996, Organised by Rural Entitlement And Legal Support Centre, Orissa)
Most of these categories of poor are found to belong to the traditionally marginalized communities such as
the scheduled castes and the scheduled tribes. Their villages are generally situated in inaccessible and
vulnerable locations, with poor infrastructural facilities.
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BPL (Below Poverty Line) is not a criteria that finds mention in the ORC in any explicit sense. The
different categories of poor, therefore, do not have strong stakeholdership position . This could be
because APL & BPL are fairly new categories which were introduced by the Planning commission much
after the formulation of the Relief Codes . However, there is a definite need for any State Govt. Disaster
Policy to take these categories into account with a view to mitigating vulnerability to disasters. The lack of
clear eligibility criteria in policy excludes vulnerable sections from entitlements and shrinks the
entitlement basket for the vulnerable categories. This is a violation of Art 15(3) and Art15(4) of the
Constitution which guarantee protective discrimination. Art 46 which has been interpreted to favour
protective discrimination as it addresses the promotion of educational and economic interests of
Scheduled Castes, Scheduled Tribes and other ‘weaker sections’ is also violated.
Art 46 of the Indian Constitution highlighted the promotion of education and livelihood interest of the weaker
sections of the people that resulted in a continuous effort for poverty eradication. Art 38 (2) states that the
State shall in particular, strive to eliminate inequalities in income and endeavour to eliminate inequalities in
status, facilities and opportunities, not only amongst groups residing in different areas or engaged in
different vocations. Furthermore, since a nutrition criteria has been used by the Planning Commission to
define poverty, we can link poverty eradication to the entitiements of food, which is most valuable, along
with supporting entitlements to income and livelihood, entitlement to the provision of facilities and
opportunities for individuals in order to eliminate inequalities.
In the Orissa Relief Code, the categories of the poor which find mention are the destitutes, landless,
wage labourers, marginal and small farmers, fisherfolk, weavers and artisans.
What are the entitlements of these poor categories of the Community in the Orissa Relief Code ? Are they
enough to enhance the scope of entitlements necessary to reduce their vulnerability. For this we look at
enabling laws. The possible options before them to reduce vulnerability and improve their resource control,
decision-ma.King, livelihood chances and social acceptance will be discussed in the case of some of these
categories.
1.2a Destitutes as Primary Stakeholders : While in a pre-disaster situation, there are already destitute
categories in existence, a calamity situation creates what Amartya Sen calls ‘derived destitution’. The Code
defines a destitute in para 201 as one who had an ‘ostensible’ means of living as well as living
accommodation before the occurrence of a natural calamity, but due to such calamity he has lost
his living as well as his accommodation. Following which it entitles the destitute to housebuilding
compensation/grants. This is a very faulty materialist criteria to define a ‘destitute’, contradicting
government's own definitions of destitute and entitlements forthem in laws like The Orissa Old Age
Pension Rules, 1989, The Orissa Disability Pension Rules, 1985 and the. The use of the term
‘ostensible means of living and accomodation’ provides a very limited entitlement and excludes
persons who may not have land or pucca structure, and therefore, anti-poor.
The Orissa Cid Age Pension Rules indicates that a destitute may be anyone (a)(i) of 65 years or above (ii)
or a widow (irrespective of age) (iii) or a small farmer, marginal farmer or a landless agriculture
labourer of 60 years of age or above.(b) his or her income does not exceed Rs 3,200/- per annum
and is certified by BDO or Tahasildar.© is a permanent resident of lndia(d)has not been convicted of any
crime or offence(e) if not in receipt of any other assistance from the state or Centre or any organization
aided by the state.
Widows as Destitutes : Widows are one of the most vulnerable categories of destitutes. The ORC
should ideally have a policy content to reduce vulnerability for them. While it makes them eligible
for Gratuitous relief, given to those who are incapable of earning their livelihood and for children of a
specified category; whom the State Govt, is supposed to feed as being handicapped they cannot do
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physical work or have been incapacitated due to the impact of such a calamity or illness or otherwise and
cannot earn their living. They are also eligible for Gratuitous Relief on Cards which is given for a longer
period. However, Widows, if they are pensioners, are excluded from Gratuitous Relief on Cards
under Para 170 even though their pension amount is only Rs 100/-. Although widows are eligible for
death compensation, housebuilding assistance if their houses are damaged, there is no priority
targeting to entitle them through protective discrimination, thereby increasing their vulnerability.
While Para 160 of the Code entitles landless agricultural labourers, marginal and small farmers, exclusively,
for employment works under Food For Work, there is no mention of widows, when there ought to be
priority targeting.
In the case of the last Supercyclone where mass destitution was created, one group whose destitution was
compounded in several ways was the group of widow-destitutes. Along with the creation of more poverty
through loss of material assets, we also see complex other vulnerabilities entering the scene. For instance,
the psychological trauma of loss of family, the increase in the sexual vulnerability, the lack of infrastructuural
arrangement for their safety, increase in livelihood vulnerability in the face of low survival life-skills, absence
of livelihood skills, lack of inadequate legal and community protection against financial, sexual and other
forms of exploitation.
Lack of adequate policy provisions for emergent shelter, social security, community rehabilitation
and special policy focus on the livelihood options of young and old widows created by disaster is
again a violation of Art 15 (3) and 15(4) - right to protective discrimination. Art 39, guaranteeing
Right to adequate means of livelihood and Art 41,Right to public assistance in situations of
undeserved want are also violated. In many places, dehumanizing coping mechanisms have
cropped up due to this policy unpreparedness which violates Art 23& Art 24 ■ Right against
exploitation, which prohibits bonded labour, traffic in human beings and child labour. The ORC
objectives to prevent destitution are also violated.
There is need for a separate Rehabilitation Policy for Disaster Affected Victims. This policy must
give special attention to the relief and rehabilitation of this category of destitutes. For example, Govt
should declare these categories as below BPL families to enable them to acquire housebuilding grants,
subsidised help. There should be specific monitoring committees to look into the adjustment requirements of
those rehabilitated. While the local specificities may differ, the policy itself has to be broad, covering a wide
range of social and economic entitlements and options. Vulnerability ranking and risk assessment and
analysis of these different groups will give us an idea of their rehabilitation and development needs. In fact a
Rehabilitation Policy ought to reflect the development objectives of the State.
Aged as Destitutes : Para 169 of the Code identifies some categories of destitutes as a target group
for Gratuitous Relief on Cards. Idiots cripples, blind, aged and physically infirm, helpless widows,
children below 12 years, persons attending the sick or infant children, able-bodied persons
temporarily rendered weak, are eligible for it.. However, a principle of exclusion in the ORC inhibits the
aged from being entitled.. Eligibility stands in so far as they are not recipients of old age pension, political
pension or other social security benefits like food in a free kitchen. This is an inhibiting provision. According
to Mr. Surath Chandra mallick, Addl. PD, DRDA, Jagatsingppur they give GR cards to people above
65 years of age, BPL, no-wage, unable to work, no land, no care-taker. But they cannot give both
pension and GR card together to a destitute.
Add to this the statement at the end of the Old Age Pension Rules that all pension schemes are a matter of
absolute discretion of the govt - meaning that they can be withdrawn any time. There should be a resolution
that during a disaster situation there be no chance of withdrawal of pension. Second, that pension amount
be raised to a level where at least minimum needs are met. The other option is that pension scheme is put
on hold till gratuitous relief period is over during which pension-holders or social security beneficiaries are
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treated at par with others. While the Old Age Pension itself excludes those who are recipients of security
benefits from government or government-aided organization, exceptions should be made in the case of
extreme situations like calamities.
The right of the aged to community based rehabilitation and community care, protective discrimination in
housebuilding assistance and provision of essential civic amenities like drinking water, sanitation and health
have not been addressed in the Orissa Relief Code. For the uncared aged, who may have lost their
children and relatives, this vulnerability is further aggravated.
The Disabled as Destitutes: The Orissa Disability Pension Rules 1985 states that a large number of
disabled persons are utterly destitute. The double burden of physical deformity or defect and economic
destitution which they bear makes them an especially disadvantaged category. The disadvantages can be
substantially corrected by creation of opportunities for gainful employment and enlightened community
concern for their well-being. The State Govt, accordingly, with a view to providing relief to those disabled
persons who are utterly destitute and initiating a programme of social commitment towards this category of
disadvantaged persons, to launch a modest scheme of granting disability pensions with effect from 2nd Oct
1984.
Under this Rule, the key eligibilities are being completely blind/ or orthopaedically handicapped and
because of the disability or deformity is incapable of normal work, is of 5 years and above, is a destitute, is
not in receipt of any financial help under any other scheme of the Central Govt, or State Govt.
Since many disabled are, in fact, considered destitutes legally, we can also look at The Persons with
Disabilities (Equal Opportunities , Protection of Rights and Full Participation) Act, 1995. This Act
defines ‘disability’ as - (i) blindness, (ii) low vision(iii) leprosy-cured (iv) hearing impaired (v) locomotor
disability (vi) mental retardation (vii) mental illness. ‘Person with disability’ means a person suffering from
not less than 40% of any disability as certified by a medical authority.
Under this law the disabled person is entitled to aids and appliances, schemes for preferential allotment of
land for certain purposes: (a) house (b) setting up of business (c) setting up of special recreation units (d)
establishment of special schools (e) establishment of special research centers (f) establishment of factories.
Importantly, 39 of Ch VI of the Act which is regarding Employment states that not less than 3% of
vacancies will be reserved in the poverty alleviation programmes for the disabled. Ch VIII which
addresses Non-Discrimination lays down a disabled person’s entitlements to non-discrimination in
transport, on the road, in the built environment and in govt, employment. This means that
engineering of shelter, drinking water, health and educational provisions should be sensitive to
disability. However, the Orissa Relief Code mentions no such provisions, when chances of escape,
rescue, shelter and livelihood restoration are more limited for the disabled than for the able-bodied.
Ch XIII on Social Security directs appropriate Govts, and local authorities to undertake
Rehabilitation, addresses insurance schemes for employees with disabilities and Unemployment
allowance.
Contradictorily, the only entitlement that ORC provides disabled people through clear eligibility
norms is in the area of gratuitous relief. However, GR cards is not given to those who are beneficiaries
of social security schemes. Their right to Food For Work is denied due to the ‘able-bodied’ criteria
used in the ORC for entitlement to employment provisions under relief works.
Art 15(3) and Art 15(4) guaranteeing protective discrimination, are violated by not specifying special
consideration to their availing of house building grants, other compensations, by ignoring their capacity
building through vocational skills and life-skills in uie rehabilitation period , disability-sensitive planning of the
environment which can reduce their vulnerability at the time of disaster. Nor is there any mention of giving
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aids and appliances for disabled individuals during relief through individual kits. The employment
generation programmes of the government do not maintain the 3% quota (at least) for disabled persons.
The limited entitlements to the disabled in the ORC violate The Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995 and point to the deficiencies of
the ORC..
The right of disabled children and children of the disabled have no entitlements when the trauma impact of a
disaster is more on them than on others. Their opportunities for escape and safety, shelter, community
rehabilitation, livelihood skills, psycho-social healing have not been addressed. This violates the UN
Convention on Rights for the child and The Persons with Disabilities Act, 1955. This Act, in Ch V
states that appropriate governments & local authorities are to provide children with disabilities with
free education and vocational training and non-formal education. However, no punishment norms in
case of violation of these entitlements have been laid down.
A Rehabilitation Policy for Disaster Affected Victims should identify the numerous kinds of
destitutes created based on such norms so that the nature of assistance and capacity-building for
each group by different service providers may be clearly outlined. While the local specificities may
differ, the policy itself has to be broad, covering a wide range of social and economic entitlements and
options.
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These laws identify even the landless as destitutes, the aged, disabled and widows as destitutes, thus
broadening eligibility criteria than what has been given in the ORC. However, mendicants and beggars are
not eligible. It is strange that the govt, considers beggary to be a livelihood when common understanding
would say that untreated destitution leads to beggary which is at the risk of debasement. Under Article 39(a)
entitlements to such means of livelihood are to be discarded in the interest of the dignity of the individual,
even though laws and schemes do not make it illegal and punishable. We may widen the scope even
further by including adolescent girls and orphans who have lost their families and been made
destitute by a disaster.
1.2b Small & Marginal Farmers as Primary Stakeholders : The small and marginal farmers are in a
comparatively better stakeholdership position in the Code as compared to the non-farm
communities. This is because the areas of loss and the eligibility criteria for credit and restoration
assistance, are more explicitly laid out. However, their entitlement failures are more due to delivery
mechanisms which we deal with under the section on food security. Policy gaps, however remain in
the area of land reforms.
While the Orissa Debt Relief Act, 1986 provides scope for farm and non-farm communities to be
completely exempted from the informal classes of debts, the ORC mentions no such facility in
controlling non-institutional sources of funding or writing off such debts. This is an Act to provide for
relief from indebtedness to the small farmers, rural artisans and agricultural labourers. In its statement of
Object and Reasons, the Act states that as a final measure for liquidation of rural indebtedness it is now felt
necessary to enact the Debt Relief Legislation to give relief to the weaker sections of the community by
complete redemption of loans to small farmers, agricultural labourers and rural artisans to avoid squeezing
of credit flow from non-institutional sources. (Farming under this Act includes both cultivation and animal
farming and forestry on farm. A small farmer is one who owns less than 1 acre of land. Rural artisan should
not be owning agricultural land, and whose means of livelihood should be production and repair of
agriculture related tools and implements or who normally earns a livelihood through craft)
In a post-disaster situation, vulnerability increases through indebtedness. This keeps the door open for
exploitation and indebtedness which violates Art 23 the Right against Non-Exploitation. However, it
does mention that Taccavi loans which are liberal advances to small farmers and sometimes artisans with
land may be given under Agriculturists Loan Act. 1884. Remissions and tax relief in the form of suspension
of collection of land revenue and loans are also provided for under Para 6 Sub-para (iv)(2).
1.2c Scheduled Caste & Scheduled Tribes as Primary Stakeholders : The only place where
Scheduled Castes and Tribes have been mentioned explicitly in the Code are under Para 81 (4), i.e.,
Housebuilding Assistance, where they are given first priority. There is no special attention to their
food security given at the time of preparedness or during emergent relief as the Code believes that all are
levelled down to the same position after a disaster. Relief provisions and food aid provisions have no
caste/tribe targeting, nor the preparation of community shelters. While housing schemes like IAY which are
part of normal development assistance, activated in the disaster affected areas, have a 60% SC/ST
targeting, these targeting norms do not find mention in the Orissa Relief Code in a manner that will influence
service providers. There is no specific targeting for SC/ST in Food For Work which uses only an ablebodied criteria. Although it includes wage labourers, landless labourers and small farmers, it excludes
SC/STeligibility, again violating Art 15(3), Art 15(4) and Art 46.
1.2d Landless Wage Labourers, Artisans and Fisherfolk as Primary Stakeholders : For landless
wage labour, also considered under destitute category, the vulnerability is very high, because policy
only talks of Food For Work and Grain for Work entitlements and house building assistance.
According to the Code, wage labourers shall be paid 75% of their wages in wheat and 25% in cash per day
per head . Para 157 addresses the Wage Structure of the labourers , stating that payment will be
according to Minimum Wages Act in force. The Minimum Wages Act, 1948 fulfills in part at least the
obligations of the state under the Directive Principles of State Policy.
According to the Orissa Minimum Wage Rules, 1954, wage labourers may be classified into 4
categories : Unskilled, Semi-skilled, Skilled, High-Skilled. There is a fifth category of clerical and
supervisory functionaries. There is a wage difference of Rs 4/- between each of the first four categories. But
the ORC treats all of them at par. There is no distinction between skilled and unskilled labour. .As
mentioned earlier, there are no provisions in the ORC for long-term transfer or upgradation of capacity
through skill-building or provision of land or other assets like livestock are addressed in rehabilitation;
upgrading unskilled labourers to semi-skilled or skilled labourers in the rehabilitation process. The
vulnerability of this category of destitutes is high because of their dependance only on a wage
earning, lack of other endowments and limited loss distribution measures provided in policy. For
instance, there are no provisions in the CRC to implement the Land Ceiling and Land Reforms Act
or the Debt Relief Act to provide relief to the landless wage labourers in a post- disaster situation.
Although the Code states that special relief will be provided for artisans whose skills may be
affected by physical labour, these are not specified, making them dependant upon manual labour
based FFW. The entitlements of fisherfolk without boats or nets have not been addressed. Policy
thus excludes the poorer sections of the fisherfolk community. Although the scale of compensation for
damaged boats and nets were upgraded by government circular after the Ganjam Cyclone, the delivery
mechanisms have hampered recovery process. The livelihood restoration policy forthem cannot be left
to the policy formulation of the government at that time, as the Code suggests. It has to be clearly
spelt out before a disaster situation.
1.3 Women as Primary Stakeholders : Vulnerability of women to disaster impact is more because they
have fewer resources in their own right and under their control. Cultural constraints of being ‘insiders’
also work against them. Traditional anatomical and social restrictions like long hair, sarees, inhibit
women’s chances for escape as they reduce mobility. The dead bodies of many women victims, according
to Mamata Patnaik from Orissa Disaster Mitigation Mission, were found tangled in their own sarees, with
faces and throats choked. This is a crude revealation of how customary practices may block chances or
survival. According to Dr. Madan Pradhan from Bharat Gyan Vigyan Samiti, working jointly with Action Aid
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on rehabilitation in Jagatsingpur district, girls in disaster prone areas should be resocialised into physical
activities like cycling. This will encourage their mobility and exposure. Any policy dealing with rescue should
address the rescue & evacuation of women, whether disabled, aged or destitute, because of these cultural
constraints. The community should draw out similar priorities in its plan for self-help. Mobilizing women into
collective activities which entrusts them to move beyond their immediate geographical boundaries also
extends capacities for survival and self-help. However, no such preparedness measures have been laid
down in the ORC.
What is the gender centrality then in the prevention, relief and rehabilitation programmes outlined in the
ORC? The ORC does not take into account the patriarchal social organisation in Orissa. From that point of
view it is a male document as it ignores the entire range of gender differentials. While identifying women
as a vulnerable group, Orissa Relief Code restricts itself to the traditional reproductive and child
bearing-rearing roles of women, focussing primarily on their health. This approach is limited to a
Women In Development (WID) one. Their reference is only under Gratuitous Relief and Supplementary
Nutrition Programme as care-takers of infants or expectant and nursing mothers. Women have been
addressed in the chapters on Health Measure, Ch XI, para 210 on Mother & Child, para 184 under
Supplementary Nutrition. These entitlements will be elaborated in the chapter on Health Entitlements. ;
The gender sensitivity in gratuitous relief is limited only to expectant and nursing mothers only. There is no
policy guideline within the Code which will aim at targetting other vulnerable sections of women such as
widows, single and divorced women during gratuitous relief, Food for Work and other labour intensive relief
works.
Women, in fact, are not mentioned anywhere as entrepreneurs, skilled workers, farmers, claimants
to compensations, loss-bearers, investors. This assumption in policy reflects the bias of policy
makers. It affects and limits the entitlements of women and has resulted in increasing their
vulnerability to disasters by providing fewer opportunities for recovery. This is a violation of Art 16
the right to Non-Discrimination.
But even within a WID approach the ORC provisions are inadequate. For example there are no provisions
for emergency sanitation facilities for women in a post-disaster situation where everything earlier private
becomes public. While women’s health, sanitation and reproductive rights remain, no doubt, a
vulnerable area for protection, there is a need for policies to orient themselves around a Gender and
Development approach. Women’s rights to bank loans and family benefits which may include inheritance
and/or succession rights, pension, are secured under Art 14 of the Constitution, the Right to Equality.
However, for women to have the necessary collateral, existing policies and laws should be implemented
properly and community should be sensitized. Along with Art 14, Art 41 'which provides for social security in
situations of undeserved want have not been fully achieved by the provisions in Orissa Relief Code. To
fulfill the objectives of Art 15(3) and Art 15(4), policies on socio-economic assistance during normal
period preparedness, relief, and rehabilitation should be clearly specified so that they are not
excluded from employment, material assistance like housebuilding, Record of Right over land,
social security, credit and income-generation provisions. Issues of legal, physical, sexual and
material protection in the case of women must be properly identified and addressed . This will
improve women’s stakeholdership in recovery process. In Andhra, even after 20 years of the 1977
cyclone, many older women find themselves without shelter because of lack of rehabilitation policies that
were inclusive of the shelter needs of young and old women survivors.
Under the Government’s Five Year Plans, 40% of total assistance in certain govt, schemes like IRDP and
TRYSEM and other programmes is set aside for women from which they should not be excluded . There are
specific income -generation programmes for them such as DWCRA. Right of women to vote and contest
elections is guaranteed under the Representation of Peoples Act, 1951. According to constitutional
provisions Art 243 D, not less than 1/3 (including the number of seats reserved for women belonging to the
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women.
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Policy provisions for participation of women victims in damage assessment or relief distribution so
as to ensure effective entitlement are absent. The existing system of relief as outlined by the ORC thus
decreases women’s influence/command over food distribution. There must be scope for disaster victims
to participate in the creation of their own well being which will improve their stakeholdership. The.
Women as service providers in relief and rehabilitation should be seriously addressed in policy so
that women’s specific needs in relief distribution, psycho-social healing, health, sanitation, housing,
employment and income generation, social rehabilitation aspects may not be overlooked. This should be a
key component of vulnerability reduction. A Disaster Mitigation Policy must pay attention to certain
standards of gender balance in Relief & Rehabilitation Planning and Logistics, Damage
Assessment, Relief Distribution, Core Technical areas of Health and Engineering. A Disaster
Mitigation Policy should make it mandatory to insist upon all Emergency & Relief Service providers (GO,
NGOs and others ) to have a 'women’s team to reach out specifically to women; and ensure the gender
sensitization of male service providers.
The different categories of vulnerable women like single women, divorcees, widows must have their social
and economic entitlements clearly spelt out in policy during normal period preparedness, emergency
response, relief, restoration and rehabilitation. Rehabilitation should be guided by the concept of Total
Rehabilitation - community based rehabilitation, provision of land, family, dignity, psycho-social
healing, civic amenities, skills, employment, right to legal assistance, credit and co-operative
activities.
1.4 Children and Special Children like Orphans and Disabled : Entitlements of children are covered
under Supplementary Nutrition Programme to be run from the Mother & Child Care Centres to be started in
each village or group of villages affected by scarcity and distress, according to Para 210. These centers
are to provide the minimum health & nutrition needs of pregnant women, pre-school children and
nursing mothers -nutritionally the most vulnerable section of the community. Providing the
minimum level of nutrition for each of these categories in each of the affected areas, immunization
requirements, clean drinking water and environmental hygiene falls within the responsibilities of
these centers. The section on Feeding Programme as a form of Gratuitous Relief under Para 184
states that the Women & Child Development Dept, is responsible for supplementing the regular
ongoing feeding programme for school going children, non-school going children, expectant and
nursing mothers.
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The educational entitlements of children are very scantily addressed under Para 38 in the ORC - the Relief
to students and educational institutions. Govt, may consider the grant of any of the following as relief to the
students in affected villages, (i) Grant of full freeship (ii) Distribution of text books free of cost to primary
school children (iii) remission of tuition fees and examination fees. This provision also states that the
question of payment of full deficit to aided institutions may also be considered.
However, provisions for special children like orphans and disabled who have to face greater
survival risks, are either inadequate, incomplete or non-existent. The ORC has no special
provisions for the safety, food security or specific relief needs, like aids and appliances, of disabled
children, or for their psycho-social healing process, or long term shelter. This violates Art 15(3) and
15(4) of the Constitution as well as The Persons With Disabilities Act.. The rights of children are
protected under Art 39(e) and Art 39(f) of the Constitution.
The lack of a definition of orphans in the ORC creates a problem in entitlement. The Juvenile Justice
Act, however, defines a child with single parent also as an orphan. While the UN Convention on
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Rights of the Child also guarantees the child special measures of protection and welfare without any
discrimination of parentage or other reasons, the ORC does not provide direction for long-term legal
guardianship of orphans. Para 195 mentions the responsibility of the Collector over the orphans in the
emergent stage till either parents/relatives are traced, or respectable people to adopt and support them are
located. In the absence of either, the child may be sent to orphanages. The ORC fails to identify the
Community as the ideal place for long term rehabilitation of orphans. Long-term rehabilitation
through legal guardianship guided by the Guardian of Wards Act 1890 should be made part of policy
provision for their rehabilitation. This Act details the guardianship rules for orphans and minors, upto the
age of 18 years, gives authority to the District Collector to determine the most appropriate guardian keeping
in mind his economic capability, character, social relationship, trust and confidence; it details the
responsibilities of the guardian in the maintenance of the child. Identification of the guardian should be from
within the community to reduce the vulnerability of the orphan and to ensure monitoring by community
institutions.
I he ORC does not specify the manner in which material and legal entitlements of the orphan can be
protected. This has increased the vulnerability of the orphans. Lock-in deposits with joint account
holding by the legal guardian and the Collector of the district has been suggested by people
working on children rights. There are no provisions to prevent child labour that may emerge out of
distress of uncared children. School Rebuilding should be given priority to reduce the vulnerability
of children.
While the extended family is a rehabilitation option for the orphan, the element of exploitation
cannot be ruled out because of the financial attractiveness of the orphan who has become a
beneficiary to one or more death compensations. Thus, institutional mechanisms within the
community have to be prepared or set up to look to these needs, monitor the rehabilitation whether
they are treated as real family members or exploited as cheap labour.
Other policy problems are presented by The Hindu Adoptions and Maintenance Act 1956 which
confines adoption to religious boundaries. Furthermore, there is no law to address the guardianship
or adoption of refugee children. A reluctance has also been observed in the community to take on
their guardianship, as has been pointed out by Madan Pradhan of BGVS. Options for orphans, for both
children without parents and children with single-parents, orphans with and without siblings are not carved
out-options for family rebuilding and foster families, education, heath care, food security, housing, psycho
social health care are absent. Options of adoption are not carved out. Options for adult orphans are missing
such as land, skill/vocational training for long-term rehabilitation, options for adolescent girl-orphans for
physical security, education, - transferring assets, life and livelihood skills, knowledge are also missing. The
Code dismissively says that adult orphans may be 'disposed off5 for relief work. Livelihood options for foster
parents such as through vocational training, provision of livelihood implements. A clear cut Rehabilitation
Policy highlighting the numerous options for the different categories of orphans will improve their
stakeholdership and reduce their vulnerability.
Pshcho-Social healing processes must be initiated in the community as part of recovery and
rehabilitation of orphans is a much needed non-materialist aspect to mitigating the impact of
disaster and reducing vulnerability which has not been addressed at all.
1.4 Refugees and Migrants as Primary Stakeholders : The 1967 UN Protocol defines a refugee as
someone “who is outside his or her former house owing to a well-founded fear of persecution,
because of reasons of race, religion, nationality, membership in a particular social group or political
opinion." Refugees from Bangladesh are to be found on the coastline of the state as well as migrants from
West Bengal.
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Many of them who have settled on government land or forest land are branded as encroachers. The Orissa
Relief Code under Para 81(5) entities them, saying that housebuilding grant shall not be denied to
encroacher on Govt, land whose houses have sustained damage in accordance with the scale of assistance
prescribed in sub para (1); but as far as possible they may be asked to shift to unobjectionable sites, if such
sites are available. However, a large number of such people, sometimes entire villages have been
deprived of this assistance because they are inhabiting forest land with no Record of Right This has
also been held against their right to death compensation in many cases. Again, there is no specific
targeting of refugees and migrants in the FFW which is essential for the achievement of Art 15(3),
Art 15(4) and Art 46 and international human rights.
In the absence of a Refugee Law we look at the Illegal Migrants (Determination by Tribunals ) Act,
1983. This Act in its statement of Objects & Reasons states that the influx of foreigners who illegally
migrated into India across the borders of the sensitive eastern and north eastern regions of the country
poses a threat to the integrity and security and of the said regions. A substantial number of such foreigners
who migrated into India after the 25th of March 1971, have, by taking advantage of the circumsances of
such migration and their ethnic similarities and other connections wit the people of India, illegally 'emained
in India without having in their possession lawful authority so to do. This is an Act to provice for the
establishment of Tribunals for the determination in a fair manner of the question whether a person is an
illegal migrant to enable the Central Govt, to expel illegal migrants from India and for matters connected
therewith or incidental thereto.
This Act, as can be seen, is extremely anti-refugee. As a counter we look at the UN Convention cn Status
of Refugees, 1951 to scope the entitlements of refugees. The Convention is based on two principles : (i)
non-discrimination as far as possible between nationals and refugees; and (ii) no discrimination cased on
race, religion or country or origin amongst refugees. The State Parties, signatories to the Convention,
have undertaken to accord the same treatment as is given their own nationals in respect of freedom
of religion, access to courts, elementary education and public relief. The Convention provides for
favourable treatment to refugees with respect to wage earning, employment and the right of
association. According to this Convention, restrictions for refugees apply only till their status is
regularized. The 1951 UN Convention states that no signatory country shall expel or return refugees
to territories or borders where their lives or freedom may be threatened.
The question here is after almost thirty years of inhabitation on the coastline of Orissa, since 19~\ to what
extent has their status been regularized? Although they are on the voters list, they are not on the census in
most places. Many of them hold BPL Ration Cards which entitles them to the Public Distribution System.
But they do not have land rights. Presently, they are residing in forest land as encroachers and carrying on
rice-farming, betelvine cultivation, prawn culture and cashew plantation. The Coastal Zone Regulatory
Act, 1991 if implemented, may displace them from the coast. As per the Orissa Forest Act, 1972 user rights
are enjoyed in the case of shifting cultivation. Possibilities for migrants and refugees to ha.e similar
usufruct rights may be explored. While flood plain zoning is crucial, the rehabilitation policy for such
populations may address their right to sustainable joint forest management in the mangrove belt, habitation
rights in the non-risk period, and settlement rights in other identified locations in the risk-period.
2. SERVICE PROVIDERS
2.1 Panchayati Raj institutions: The 73rd & 74th Amendments to the Constitution have expressed the
need for Decentralization. Under these Amendments, the Local Self-Governing Institutions in Rural and
Urban areas were empowered to plan and implement activities in their areas for development The Local
Self Government institutions are elected representatives of the community, and are both victims and
service providers. Their elected status puts on them certain responsibilities which ha*e to be
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commensurated with real powers of administration, financial resources, information and knowledge, and
expertise/training in disaster management and mitigation. However, they can play a significant role in
reducing the vulnerability of the community to disasters only if they are suitably capacitated.
Going by the principle of involving the Risk-Bearer in the making of the disaster mitigation plan and
its implementation, what are the specific roles and responsibilities entrusted to the Panchayati Raj
in the rural context? Are they real powers? At a point where one is talking about capacity building to
reduce vulnerability, how seriously have these institutions been taken in the whole mechanism for disaster
mitigation, emergency response and rehabilitation in the Orissa Relief Code? How do these powers reflect
the implementation of the Orissa Gram Panchayat Act, 1965, and thereby, the system of governance?
According to the Act, the State Govt may constitute any village or group of contiguous villages as a grama.
The Grama is mainly the revenue village. For every Grama there shall be a Gram Sasan, herein referred to
as Gram Sabha. It shall be composed of all persons registered by virtue of the Representation of the
People Act, 1950. For every village within a grama, there shall be constituted by the State Govt., Palli
Sabha. Each GP and Palli Sabha comprises of all persons registered by virtue of the Representation of
People's Act, 1950. Panchayat membership should represent adequately women and SC/ST population.
According to the Orissa Gram Panchayat Act, 1965, SC and ST representation should be proportional to
their population in the area. Women’s representation should not be less than 1/3 of total seats reserved,
with reservation for SC/ST women. The Gram Panchayat is to be the Executive authority of the Grama
Sasan. Under the Protection of Human Rights Act, 1955, discrimination on the grounds of caste is
prohibited.
According to the ORC, the Panchayat Samitis & Grama Panchayats are to be associated in
organisation of relief measures in the Blocks. Under para 171, relief centres are to be located for the
purpose of distribution of gratuitous relief at the HQ of the GP. The Officer-in-Charge of the Relief
Circles should see that the people’s representatives are properly associated with all relief
measures.
Para 170 outlines the role of the Gram Panchayats in Preparation of a List of Deserving Persons
eligible for gratuitous relief. However, this list is finalized by the BDO. They are also to assist in
damage assessment. However, damage assessment has been monopolized by the Tahildar and Rl.
To ensure a corruption-free process, the damage assessment lists prepared by Rl and Sarpanch should be
put in each other’s office. This will create the much-needed room for transperancy. Even if there is
corruption at both levels, the difference is that the Rl is not accountable to the people while the Sarpanch is
an elected head and stands the risk of losing the favour of the people for the next 5 years. A still better thing
would be if there were provisions for the Rl to declare his list in Gram Sabha meetings.
According to All Orissa Zilla Parishad Chairman, Rudra Madhav Ray, it is not enough to have a
District Level Natural Calamity committee where MLAs, or Zilla Parishad Chairmen may represent.
Recently, the trend of also inviting ZP members to this committee has begun. But this is not the
remedy for real grassroot involvement and implementation of the 73rd & 74th Amendment. This is not proper
representation as Gram Panchayats are not represented in this. Only MLAs & MPs are being placated in
this process.
The main problem is that the State Govt, has not stressed on micro level grass root planning based on 73^
& 74th Amendment. The resource allocation should not be from top but based on planning at the bottom. In
the absence of this planning, MPs use their discretion in the spending of their MP funds and at Block level
arbitrary decisions are taken. Till now, the Govt has not taken seriously 243 ZD of the 74th Amendment
which talks of the constitution of a District Planning Committee which will prepare a district plan
with its own thrust areas specified by the panchayats and municipalities. The State is supposed to
consider all the district plans and prepare a State plan to be put up before the Planning
Commission. But so far this has not happened. This sidelining is similarly visible in the Orissa Relief
Code.
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So far the 29 subjects under Schedule 11 of the Constitution of India, that were meant to be
transferred to Panchayats have not yet been done. Different departments carry on their activities in the
villages independently of the Panchayats. This is corroborated by the defacto Sarpanch of Ersama
Panchayat Ersama block, Jagatsingpur district. PDS„ health and water restoration programmes, which are
items under 243 G are going on independently of the panchayat. The Rural Water Supply & Sanitation
Programme is providing water to Ersama GP, Japa, Kusanpur and Pallikanta although improving sanitation
is another item in the list of 29 subjects. Earlier, IRDP and Swarna Jay anti Gram Swaraj Yojana Programme
were decided by the GPs. Atleast demand Food For Work should be handed over to Panchayat committees
for implementation, according to him. Presently it is being handled by non-elected bodies created by NCOS
in the area. According to him, the panchayats in Orissa are being squeezed out as compared to the PR
institutions in Andhra and Karnataka.
Another example of the Govt, sidelining these institutions was the removal of Sarpanchs from the alternative
committee formed at Block level in Jagatsingpur district to finalise a substitute to the VRW to implement the
Food For Work . MLAs, BDOs, MPs, and Sarpanchs of the concerned villages were the members in these
committees . But the MLA was all in all. There were also party differences after a fresh election.
Subsequently, the Sarpanchs were removed from this committee by GOO circular.
Till now, the Govt, has not taken seriously 243 ZD of the 74th Amendment which talks of the
constitution of a District Planning Committee which will prepare a district plan with its own thrust areas
specified by the panchayats and municipalities. The State is supposed to consider all the district plans and
prepare a State plan to be put up before the Planning Commission. But so far this has not happened. This
sidelining is similarly visible in the Orissa Relief Code.
Palli Sabha and Gram Sabha are empowered by the 74th Amendment to legislate only in their own areas.
But even this is not possible in most places as Palli Sabhas do not exist and Grama Sabhas do not function.
One would like to advocate here for the strengthening of the Palli Sabha as a means for disaster
mitigation. It should be encouraged to have a disaster plan in the annual budget which it submits to the
Gram Sabha every year. Section 6(6) of the Orissa Gram Panchayat Act, 1965 lays down that it shall
be the duty of the Palli Sabha at its annual meeting in February, to give its recommendation to the
GP in respect of the following matters in so far as such matters relate to the Palli Sabha areas : (a)
the development works and programmes that may be taken up during the ensuing year (b) annual
budget estimate submitted by the Gram Panchayat. Thus disaster mitigation and preparedness
measures may be planned for. Palli Sabha can prioritise what resources it has and what it requires from GO
& NGO service providers, which of the investments are crucial and which it can forego. The Gram
Panchayat can prepare a budget based on the recommendations of the Palli Sabhas put together. That
would be empowerment. But Palli sabha and gram sabha have to given real capacities to prepare budgets
and allocate resources.
Does the palli sabha have any powers when money comes from government or outside ? Section 44,
Orissa Gram Panchayats Act, 1965 states the Obligatory Functions as such: Subject to provisions of
the Act and the rules made there under, it shall be the duty of a GP within the limits of its funds to
undertake, control and administer and be responsible for the following matters in respect of the Gram
Panchayat. Thus, Obligatory functions are those which the GP may or may not carry out. Some of
the items mentioned under the obligatory functions are : the protection, maintenance and development
of all properties vested in or entrusted to the management of the Grama Panchayat; establishment,
management and maintenance of common grazing grounds and lands for common benefit of the people of
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the Grama; the implementation of schemes for economic development and social justice in relation to
agriculture, including agricultural extensions; rural housing; poverty alleviation; women and child welfare;
social welfare including welfare of the handicapped and mentally retarded; Public Distribution System
maintenance of community assets.
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Section 45 Orissa Gram Panchayat Act addresses the Discretionary Functions of the GP.
Discretionary functions means that the GPs will do what the Government directs. They are not so free to
act, reducing them to the level of Government agents. They do not really represent self- governing
institutions. Instead, in most cases, they have become like contractors and do what they are asked to. So,
for any initiative, the question is whether government has permitted it ? Will it give resources? If not, where
will funds come from? These limitations show that provisions in the Act are inadequate for full empowerment
of the GPs. While representing the community they need to be accountable to it.
Just as we need to take into account the weaknesses in the Panchayati Raj Acts that prevent real
empowerment, we also need to address the socio-political underpinnings of their functioning.
According to Saroj Jha, UN House II, relief administration cannot be left entirely to Panchayati Raj
institutions as they distort the relief process with political pressure and a vote bank approach. They,
however, do a good job when entrusted with local level distribution. NGOs need to accept the
Panchayats as a legal entity and take Sarpanchs into confidence to avoid duplication.
However, the Block is the unit of the relief administration according to the Code. Relief
administration needs to move to the GP and where the GP is too big, to hamlet points. Control
Rooms for issuing warnings to vulnerable villages can be housed at all GP HQ like in Bangladesh.
According to Mr. Jagadanand, Centre for Youth and Social Development, Panchayati Raj officials should be
trained in metereological aspects and technological standards of disaster management. The GPs can be
the institution below the block to handle relief and rehabilitation , but the powers of the Sarpanch
need to be clearly defined.
In the absence of undefined powers and standards, accountability is impossible. While they represent
the community they need to be made accountable to it. Strengthening the palli sabha to monitor
spendings as well as identification of the most vulnerable victims is crucial. The panchayats which
were responsible for building of houses under Indira Awaas Yojana after the super Cyclone converted the
beneficiary selection process into a lottery system that marginalized the BPL categories for whom
assistance was meant..
Thus, greater powers to the panchayat institutions in preparedness, relief and rehabilitation, needs to be
complemented with their sensitization. Local Self Government institutions definitely need to be made
more sensitive to equity issues in relief distribution and rehabilitation, to gender concerns and
concern forthose listed in the BPL.
Decentralization of powers not merely to the GP but to the Palli Sabha and Gram Sabha ought to
take place. The Govt, needs to place funds with the institutions or capacitate them to raise funds.
A Disaster Mitigation Policy needs to frame out very clear responsibilities of the Gram Sabha and Palli
Sabha . Their training needs ought to be identified and they may be trained in core areas of values,
competencies, and cultural standards, legal provisions so that they may fulfill their role as accountable
service providers. Dalits and women should be represented as per law in these bodies.
Both Government & NCOS need to take the local role of the PRIs seriously instead of bypassing
them. The knowledge of gram sabhas and palli sabhas must be recognized in policy. Their
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familiarity with the hazards which is part of the knowledge systems of villages should permit them
to declare their own areas as flood and cyclone prone.
The Ministry of Local Government, Rural Development & Co-operatives has its responsibilities well
carved out for disaster management as per the Standing Orders of the Ministry of Disaster Management
& Relief and Disaster Management Bureau. Along with its Normal Action Plans the Local Govt. Division will
perform the following key functions in five different time periods :
During normalcy, the local govt, agencies will be encouraged to build roads, bridges and culverts to
cyclone shelters and also the construction of fortified earthen mounds and heli-pads in off-shore islands,
prepare for evacuation, ensure storage of rescue materials, emergency supplies by relief authority and other
agencies at Thana level, organise necessary public health engineering units at all levels, prepare maps
showing population concentration and deep wells, protected pond and other sources of drinking water and
ensure reserve stock of tube wells and spare parts. During disaster,ensure availability of drinking water at
times of need, keep in touch with local administration on whole time basis, send technicians from unaffected
areas to affected areas.
During rehabilitation, the role of the LG Division is to quantify the loss/damage, assist rescue and relief
operations at all levels, organise reconstruction of damagaed houses on self-help basis with local assets
and materials received from the govt., arrange repair and reconstruction works. The Local Govt. Division
also has an Engineering Dept, which has specific responsibilities of repair & reconstruction of
cyclone shelters, health centres, educational centres, communication systems, and also advising for the
raising of the banks of ponds above flood level and tidal bore where cattle can take shelter and people can
get drinking water along with ensuring mechanisms for the free flow of flood and discharge of water.
(Standing Orders on Disaster. Ministry of Disaster Management & Relief, Disaster Management
Bureau. Bangladesh August 1999)
Thus, carving out clear responsibilities and giving capacities to the Local Self Government institutions can
go a long way in ensuring self-help mechanisms. Response time and human and livestock casualties can be
reduced through PRIs, thus reducing vulnerability and improving stakeholdership of the community.
2.2 Other Service Providers as Secondary Stakeholders: Technical Specialists like Engineers and
Doctors, Emergency Managers, Army and Air Force personnel, Police, Civil Defence and Community
Volunteers have a key role in reducing risk to disaster-vulnerable populations. But they have not been
addressed adequately in the Code. What technical and medical guidelines or standards they should follow
are absent, except for instructions to government engineers under the Orissa Irrigation Act to repair
embankments and to the CDMO and other health officials of the Health Dept, and Women & Child
Development Dept, to activate the supplementary nutrition programme. But standards in keeping with the
norms of participation, dignity and culture of the primary stakeholders are absent, so also the norms of flood
and cyclone proof building standards.
2.2a Army & Other Defence Personnel : The Code mentions that Gopabandhu Academy of
Administration, shall provide training in Flood Relief Work to the Homeguards, Fire Service personnel and
Class III & IV employees. This is decided by the SRC in consultation with police authorities and
Gopabandhu Academy. Under Para 61 and 67(3) of the Code the Revenue Department is supposed to
send a report to the Home Department to seek Army assistance. Para 61 (ii) the Code states that the State
shall make advance arrangements for Army assistance. Army assistance is to be sought under Para 67(3) if
rescue parties are insufficient. The army is to assist in the rescue operations by supplying army boats,
equipments and crew for manning the boats, airdropping of food packets in the marooned boats, supplying
of helicopters, planes for reconnaissance flights in the flood affected areas. The Code also assures
protection to service providers from the Army.
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There is no doubt about the efficiency and the infrastructural capacities of the Army during Emergency
operations. Preparations to bring the Army over are to be done as soon as Alert signals are received from
the Meteorological Department. But Army and State Police should be stationed in the high risk areas
before a disaster so that they may be of help during rescue and evacuation before the disaster hits.
Secondly, the State Government should train its police personnel better in emergency operations so
that the dependance on the Armed Forces is reduced and response time is reduced. The State Govt,
should capacitate the Orissa Special Armed Police Forces for better performance in rescue and
relief operations, maintaining law and order, preventing hoarding of essential items, in post-disaster
situation. There is need for dry runs to check preparedness and also a need to sensitize the Police
to the needs of more vulnerable people like destitutes, women, children, aged and disabled.
2.2b. Core of Volunteers : There are no guidelines set in the Code for volunteer training from within the
community nor any for outside volunteers to follow.
Here it would be pertinent to mention the extensive role played by Volunteers in Bangladesh. The
Bangladesh Red Crescent Society has over 20,000 village based volunteers, all located in coastal
areas. The Cyclone Preparedness Programme of BROS transmits danger warnings to these volunteers
received from the metereological dept, through its network of district and sub-district control offices. The
volunteers, in turn, alert people through megaphones and house-to-house contact, and encourage them to
head for nearby shelters (if available) or safer places. (Coping with Disasters : From Diarrhea to
Cyclones, Fazle H. Abed. A Framework For Survival. Ed. by Kevin M. Cahill, M.D. 1993)
The objective of pointing out the Bangladesh experience was to emphasize the need for the creation
of a new set of service providers, to emphasize that primary stakeholders can no longer be made to
wait for government assistance. While Government definitely needs to abide by humanitarian standards
of disaster mitigation, a cadre of service providers should emerge from the community who will be trained
with values, skills and resources. Indian Red Cross is already training the youth, according to Hrushikesh
Harichandan to rescue and evacuate. The role of NGOs is very high in this field to increase capacity for self
help and thereby, reduce vulnerability.
2.2c Private Sector: The Code has not addressed the role of the Private Sector. The role of private
companies as service providers should be explored in the areas of free or subsidized transport, subsidized
and free housing, relief materials like polythene, free health care as part of emergency response, insurance.
Their role should be built into the disaster mitigation policy in clear terms so that their intervention and
monitoring is streamlined. There is a need to identify and collaborate with such companies as part of a
Disaster Mitigation agenda. The Private Sector should be guided by Humanitarian Standards of Assistance
developed which may be evolved by both NGOs and the Governemnt.
2.2d. Community Based Organisations : The roles of Community Based Organisations have not been
addressed in the Code, nor the capacities that should be placed with them for effective disaster response.
The first response in a disaster situation actually is from the CBOs like Youth Clubs, village committees,
self-help groups. The creation of community groups to take charge of preparedness measures, relief,
rehabilitation and reconstruction and their capacity building need to be addressed for vulnerability
reduction.
2.2e. Public Support: The role of public support is not adequately recognized in the Code. As there is no
framework to guide spontaneous public response there is every chance of duplication, wastage. Govt, will
tend to see it as obstruction rather than help. Attitude towards people is that they are onlookers and the
Govt, is the actor. A legitimate space for public action needs to be created through policy inclusion. The
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building up of a conscious and responsive public will aid in sharing responsibilities of disaster mitigation with
the government to reduce community’s vulnerability.
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3. RESOURCE AGENCIES
3.1 The Government as Primary Resource Agency:
Government should be seen as the key delivery institution. Only Govts., through bilateral or multilateral
efforts, have the capacity to offer the vast and costly supplies needed to cope with major disasters. No
amount of personal goodwill can substitute for the hundreds of thousands of tons of surplus food, or the
airplanes or helicopters, or the security forces that may be required to effectively relieve hunger among the
displaced starving in a disaster situation. The government is the main response organisation as it has
maximum resources at its disposal. Furthermore, it has a machinery to implement normal period
mitigation-preparedness programmes, can mobilize police and armed forces and governance
systems at the state, district, block and grass-root level. Moreover it is bound by the norms of a
welfare state to set up delivery mechanisms to eradicate poverty, to mitigate distress and
vulnerability of the people.
Thus where its resources, machinery, decision-making, policy-making and implementing positions are
concerned, it is the strongest secondary stakeholder. Government’s abilities to reduce vulnerabilities
depends on its governance framework of decision making and financial investments in disaster
mitigation so as to secure fundamental right to life under Art 21 and right to public assistance in
situations of undeserved want guaranteed under Art 41 of the Directive Principles of State Policy. It
must also make investments in co-ordination of the activities of other resource agencies and service
providers for this purpose.
The Orissa Relief Code lays down the governance arrangement as such :
At the Centre, it is the Dept, of Agriculture which co-ordinates the Relief programmes of states and
at the state level it is the Revenue Dept, which operates relief measures during calamity. The Special
Relief Commissioner, Board of Revenue is in over-all charge of co-ordination of relief works in the
state.The Board of Revenue submits periodical reports to the State level Committee on Natural
Calamity headed by the Chief Minister (Chief Secretary is ex-officio Chairman).
The State Level Committee advises the Govt, regarding precautionary measures to be taken in respect of
flood, drought and other natural calamities, assesses the situation arising out of such calamities,
recommends to Govt, the nature and quantum of relief, recommends to govt, the policy to be adopted in
giving such relief in areas affected by such calamities. MLAs and MPs are members of this committee. The
Revenue Divisional Commissioners also advice the state. At the State level the Departments responsible
for implementation of the relief programmes are Revenue & Excise Dept, Agriculture & Co-operation
Department, Water Resources Dept, Forest & Environment Dept. & Fishery & Animal Welfare Dept,
Health & Family Welfare, Women & Child Development & Panchayati Raj Dept, Food & Consumer
Welfare Dept, Housing & Urban Development, Works Dept, Harijans & Tribal Welfare Dept.
At the district level the Collector is responsible for decision-making, selection, sanction and
implementation. He takes decisions & plans along with District Committee on Natural Calamity. MLAs &
MPs of the district and the Zilla Parishad Chairmen are members of this committee. At the district level, the
Collector may co-ordinate with non-official organisations for relief.
The Block Development Officer operationalises the programmes with the help and co-ordination
with the Tahasil and Gram Panchayat offices. The Block is the unit of relief organisation.
A look at the Bangladesh governance arrangement for Disaster Management reveals that:
(i) Bangladesh has a separate Ministry for Disaster Management & Relief and a Disaster Management
Bureau who have developed the Standing Orders that will be the duties & responsibilities for all Ministries,
Departments and Agencies. The Ministry of DMR is the focal point of the Govt, for disaster-related issues.
The National Disaster Management Council (NDMC) and National Disaster Management Co-ordination
Committee will ensure co-ordination of disaster-related activities at the National level. The Bangladesh
Red Crescent Society is also represented in the Co-ordination Committee.
(ii) Co-ordination at district, Thana and Union levels will be done by the respective District, Thana
and Union Disaster Management Committees. The Disaster Management Bureau will render all
assistance to them. All Ministries/Depts/Agencies must develop their own Action Plans & must organise
proper training of their staff & officers. There is also an Inter-Ministerial Disaster Management Committee
and a National Disaster Advisory Committee. The Standing Orders shall be followed during Normal
times, Precautionary/Alert stage, Disaster Stage, Relief Stage & Rehabilitation stage.
(iii)The Council is responsible for Policy-making & laws relating to preparedness, co-ordinating the
activities among civil administration, NGOs, Defence Forces in the planning process of disaster
management.
The comparison shows the inadequacy of effective command systems for these levels of decision-making
structures in Orissa. Standing Orders for each of the committees should be developed for the various
time periods to improve preparations, reduce risks and response time to disaster as well as post
disaster restoration. The capacities of these committees need to be strengthened with the
conscious inclusion of trained NGOs and training in core area of values, competencies, standards of
delivery. Vulnerability Reduction of the Community can thus be achieved.
Because of the largely bureaucratic system of decision-making, other stakeholders who can play
significant roles, especially during rehabilitation, have been sidelined - such as the NGOs and
Local Self Government institutions and CBOs. There is thus a need felt for an alternative arrangement
where these institutions are better represented in the system of decision-making. The inadequacies of the
existing system and levels of decision-making related to disaster mitigation in Orissa, has brought
into creation the Orissa State Disaster Mitigation Authority (OSDMA) in the aftermath of the cyclone.
OSDMA was created out of efforts of the UN, World Bank and the State Govt, to streamline bilateral
funding, co-ordination with NGOs The role of OSDMA is restoration and reconstruction for disaster
mitigation. This body is headed by the Special Relief Commissioner and houses a NGO co-ordination cell. Jt
is facilitating, along with the UN, the State Level Co-ordination Committee formed by NGOs. This
Committee sits every week in UN House. OSDMA plays a facilitator role, giving a platform to all
NGOs, listens to grievances/complaints from the field and acts upon the same.
According to Siddhant Das, Ececutive Director of OSDMA, Bilateral agencies wanted a separate authority
to be created to handle all the funds coming for restoration. Generally funds from bilateral sources are
placed with the state govt. But World Bank wanted a change in rule in the loan that it was giving. Therefore,
creation of a separate body like OSDMA was considered under Societies Registration Act. 30% of WB
assistance is grant while 70% is loan, with 1% interest. For Reconstruction project WB’s contribution is 90%
and State Govt.s is 10%. WB wanted this deviation in norms to ensure that funds are immediately available
for reconstruction.(and not diverted by state government which is under great debt pressure and financial
deficit. WB has three conditions : (i) Creations of Operations manual - different system of procurement,
accounts, spelling out administrative and a/c procedures , relation between OSDMA and line depts., the
specific authority of OSDMA - so that line departments may take orders from it. (ii) Funds should be placed
with OSDMA (iii) MD should be in the rank of Additional Secretary. Now all conditions have been fulfilled for
releasing of loan. DFID has also given indications to support for Livelihood - this comprises a support to
Fisheries and Dairy.
Irrespective of the debates on its genesis, it needs to play a stronger role in co-ordinating the
different actors such as the PRls , NGOs, INGOs, bilaterals and multilaterals. So far, it is still working
through the UN and needs to take a more independent role, according to Utpal Maitra, Department For
International Development. It has facilitated in the preparation of a Community Based Disaster
Preparedness Plan along with the UN , which will become a Policy for Disaster Mitigation. Now there are
plans for a Civil Society Disaster Plan for NGO involvement. It is also looking into the design and
implementation of Training programmes for Panchayats with the help of PRIS; the training of village
communities is being addressed along with the UN, while the training cf government officials is to be
managed by the Gopabandhu Academy . There are plans to house warning systems in OSDMA as part of
its infrastructural capacity building.
As regarding the financial powers of the OSDMA, Siddhant Das mentions that reflections are going
on to place the entire Relief Budget with OSDMA. Earlier, if there was no disaster, some budgetary
provisions would be used for preparatory measures, some would lapse or be ‘adjusted’ against some ether
expenditure. Now, the remains of the allocations may also be saved with OSDMA. According to him,
the State Govt’s poor financial situation may not permit it to make any fresh budgetary allocations
such as keeping aside 1% of the State GDP for disaster mitigation as has been recommended by
IDNDR. However, this budgetary allocation should be accorded utmost priority in the face of the last
devastation to life and the need for placing insurance systems wit the people. Where increasing
budgetary allocations for general development programmes is concerned, as a long term measure for
mitigation, he feels that it is the responsibility of line departments. But World Bank is also going to assist in
this process. For instance the roads for vulnerable areas that have to be made capable for heavy traffic
have been identified. But State Governemnt is waiting for World Bank loans to materialise.
The Orissa Relief Code points out the sources, amount and flow of finance to deal with calamities :
The Ninth Finance Commission set up by GOI recommended the Calamity Relief Fund for State
Govts, to meet immediate relief expenditures without asking for Central assistance. The State Level
Committee administers this fund. The provisions for expenditure on relief will be made in the budget cf the
state government under relevant heads. The Tenth Finance Commission recommended the total
expenditure on relief for the period 1995-2000 for the state of Orissa as Rs 25, 801 lakhs from the
Calamity Relief Fund.
GOI will contribute 75% of the total yearly allocation in the form of a non-plan grant & balance amount will
be contributed by State Government.
One impeding block is that the State Govt, has instructions for keeping the amount of the Calamity
Relief Fund outside the Public Account of the State. This reduces transperancy.
But the decided state share, according to Para 8©(i) of the Orissa Relief Code, is to be provided in
the State’s Budget every year and the unspent balance out of the same is to be carried over for the
next year and the balance in this fund at the end of the fifth year will be available to the State for
being used as a resource for the next plan. This means that the unspent balance cannot be touched
or ‘adjusted’ against any other expenditure.
Para 8 of the Code points out under ‘Sources of Funds from which Relief Measures may be
Financed’ that in the case of drought, if relief expenditure exceeds the corpus amount of Calamity
Relief Fund, then the State should make a contribution from its Plan for providing employment
opportunities as a measure of relief. This again shows the links between relief, rehabilitation and
development.
Para 8(iv) points out the expenditure arrangement on relief and repair and restoration of public works
following a flood and cyclone and other calamities of this nature. Central assistance should be made
available as non-plan grant not adjustable against the Plan of the State or against die Central assistance for
the State Plan to the extent of 75% of the total expenditure in excess of the margin money.
Apart from the State and National Relief Funds there is also the Prime Minister Relief Fund at the Central
Level and a Chief Minister’s Relief Fund at the State level. All cash received from outside sources by
relief authorities shall be credited into Chief Minister’s Relief Fund.
In the case of a severe natural calamity, the State becomes eligible to grants from the National Fund
for Calamity Relief created by the Tenth Finance Commission in 1995. This fund is administered by the
National Calamity Relief Committee headed by the Union Agriculture Minister & comprises of the Deputy
Chairman, Planning Commission, 2 Union Ministers and five Chief Ministers . This committee decides
whether a calamity is to be treated as a calamity of rare severity. The quantum of assistance is also based
on this assessment. The Ministry of Finance releases payments to the states. The total size of NFCR
would be Rs 700 crores. GOI will contribute 75% of total yearly allocation in the form of non-plan grant and
the balance 25% will be contributed by all the states (Ratio is 3:1). The annual re eases to States as relief
out of the National Fund shall, in general, be limited to 1/5,h of the total size of the National Fund. The state
share for Orissa for the period 1995 - 2000 was 517 lakhs. The devastation of the Super Cyclone,
however, has increased the Central Government assistance to the State Government.
However, unless state government improves its own financial preparedness by earmarking a certain % of
its GDP for disaster insurance, vulnerability reduction will be affected.
It may be mentioned that Government accountability to the community is absent in the provisions of
the code. There is also lack of standards to determine decision-making patterns between the
government and the bilaterals, multilaterals in a disaster context. This may result in govt, being
bypassed by bilaterals or government transferring its responsibilities to civil society.
4.1 Non Government Organizations : The involvement of the NGOs in disaster mitigation and
management is extremely important to ensure that vulnerable people’s rights under the Fundamental Rights
and Directive Principles of the Constitution are protected and fulfilled. Moreover, their participatory and
empowerment approaches of work aid in the reducing community’s vulnerability by bridging crucial
protection gaps that might exist due to lapses on the part of either Government or die community.
A Revenue Department Resolution of 1979 (Appendix XLII) declares the constititution of a standing
committee for co-ordination with the voluntary agencies helping Government in relief operations
during the natural calamities. It states that the relief operations in the affected areas by the non-official
organisations have to be co-ordinated at the level of the SRC to avoid duplication, consequential wastage
and overlapping in the matter of organising and administering relief. The SRC, Member, Board of Revenue
is the Chairman of this Committee. Under this resolution the groups like Red Cross, CARE, Orissa Nari
Seva Sangh, Catholic Churches, YMCA, Sar.'odaya Relief Committee, have been mentioned.
The functions of this committee shall be as follows : (I) allotment of specific areas or specific aspects
of relief work to different agencies, (ii) starting of mid-day meal centres, free kitchen (iii) meeting the
problems of transportation of food stuff, gift materials, (iv) employment oriented labour intensive long
duration work programmes in the affected areas, (v) storage of gift materials (vi) Receipt and account of
%
cash (vi) Encouragement of village volunteer force (viii) Preparation of short term contingency plan and long
term perspective for preventive and rehabilitation programmes (ix) Motivation & galvanisation of voluntary
organisations.
)
)
But before the cyclone this committee was not functioning properly, nor were clear roles carved out
for the various NGOs to be prepared to meet disaster management needs. That is why OSDMA has
started taking on this role of co-ordination.
The ORC states that the Collector may include voluntary organizations in the activities of the District Level
Committee. At the district level the relief activities of the private agencies & voluntary organisations are to be
co-ordinated by the Collector. Para 184 mentions the role of the CARE organisation under the
Supplementary feeding programme.
According to the ORC, the NGOs may be involved in FFW and Emergent Relief, in running free kitchens. It
states that the Food for Work Programmes will be undertaken with the assistance of food stuff supplied free
of cost by the International Vc:untary organisations, the cash component being met out of the relief money
in the affected areas. This will be according to Govt.’s instructions. NGOs may come forward to extend
Emergent relief (dry or cocked food, clothing, shelter and other necessaries of life) which is given
immediately after a disaster as oeople are not in a state to provide for themselves. This is for a period of 15
days maximum unless disaster is of rare severity. Voluntary organisations may undertake a long duration
programme in a distress area selected and approved by the BoR/ SRC under intimation to the Govt.
To avoid duplication, govt, shall withdraw or shall reduce the government cost where these activities are
taken up by other agencies, according to the ORC. Voluntary workers may also apply for govt, funds or the
funds of voluntary organisations for relief works sponsored by govt. For charitable relief purposes there are
two funds : The Indian People’s Famine Trust Fund & Orissa Famine Relief Fund. The former is
administered by the All India Board of Management in the Ministry of Agriculture, Dept, of Agriculture
(Relief).
State approach to NGOs has seen largely bureaucratic. This is reflected in the views of the Ex-SRC DN
Padhi, who was the SRC at the time of the Super Cyclon. According to him, NGOs have not been active
until the last 5 or 7 years. Ne 'her are they controlled or guided. In his view the Code is complete in all
aspects. There are no gaps in ;t. According to him there is no lapse on the part of the Code. It only requires
sincerity of application and some updating where partnership norms and sensitization of society are
addressed.
Humanitarian assistance relies on effective partnership based upon acceptance and marked areas
of co-operative activity and independence. Vulnerability of affected people can be reduced when
partnership norms and responsibilities of each individual actor is clear, and their capacities to
provide humanitarian assistance have been laid down. This sharing of power, responsibilities,
resources and competencies are unclear in the Orissa Relief Code.
NGOs have not been addressed as equal stakeholders. The stakeholdership arrangement between
the secondary stakeholders determines the range of entitlements and quality of delivery that will
accrue to the primary stakeholders. The stakeholdership of NGOs in Bangladesh in the Disaster
Management scene is much stronger. The Bangladesh Red Crescent Society is an integral part of decision
making and action. NGOs are part of the NGO Bureau of the Government.
While a many hands approach, according to Mr. Jagadanand, CYSD, is required during disaster, the
govt, seems to be all in all. The presence of the Revenue Dept, of the Govt, seems to be all
pervasive. Some like N.K. Jain, from Joint Assistance Centre feel that the ex-officio chairmen are
)
overburdened and cannot handle the numerous responsibilities of both development and disaster. Thus
they need to be distributed. Along with distribution of responsibilities there should be division of
resources and powers.
This requires the setting of partnership norms. However, there is distrust and lack of co-operation
between the GO and NGO officials in many cases. According to Mr. Jagadanand of CYSD, in one case, the
BDO, Erasama block of Jagatsingpur district, brought out a circular saying NGOs will not be allowed to
operate in that area. It became an issue of territory rather than putting the needs of affected people first.
Furthermore, during emergency NGOs should be able to work without prior permission, as in
Bangladesh . The main aim should be to assist the people. However, the SRC must be intimated about
their areas of operation so that he knows which NGO works where and also tp prevent concentration of
NGOs at a particular place.
While the ORC is an action guideline for government officials reflecting the Contingency Plan of the
Govemement, there is no Contingency Plan developed by NGOs to meet disaster situations. Even
development programmes rarely reflect capacity-building for reducing vulnerability to disasters.
Although many International NGOs have come into the scene, apart from a mention of the roles of
CARE and Red Cross, there is no comprehensive addressal of partnership with INGOs, their
capacities that can be used. At the same time, INGOs must learn to work more co-operatively with
host govts, indigenous NGOs, and international agencies. In the absence of co-operation, the plight of
the dispossessed can be made worse by petty conflicts caused by ignorance, arrogance or a combination of
both. A Disaster Mitigation Policy should lay down the areas of collaboration between Government and
NGOs and INGOs.
The ORC emphasizes the accountability of non-official organisations to the Collectors. Although the Code
outlines the guidelines for physical activities of the NGOs it makes no mention of competencies in
material and non-material assistance. There is need for government and NGOs to accept the Sphere
Standards of Humanitarian Assistance. Sphere lays down the Core area of Competencies that all
service providers require in 5 broad areas - Water & Sanitation, Nutrition, Food Aid, Shelter and
Site, Health Services. However, as Sphere standards are limited to emergency response, standards
for rehabilitation and long term disaster mitigation have to be evolved by dovetailing with normal
period development plans. The other areas where competencies and standards should be stressed are in
the area of damage assessment, technology use in housing, shelters and flood control works, nonconventional sources of energy, psycho-social counselling, vulnerability targetting of all programmes during
preparedness, relief and rehabilitation, community sensitization to take on vigilant monitoring.
5.1 Bilaterals & Multilaterals : The role of Bilaterals and Multilaterals have not been addressed in the
Code although they are playing a crucial role in determining the entitlements of vulnerable sections
both during normal period development and preparedness, relief and rehabilitation. On the policy
emphasis of the bilaterals and multilaterals for disaster mitigation, vulnerability targeting in their
financial policies and their partnership norms with INGOs and Government depends the recovery
opportunities of the primary stakeholders.
The multilaterals, especially the UN specialized agencies are close and supportive force for NGOs in
Third World activities. For the UN it is difficult to operate without accrediting government representatives.
The basic role of UN specialized agencies is to support govts, in member states.
UN resolutions clearly recognize that disaster reduction is best accomplished by development-based
disaster mitigation efforts . Two recent UN Resolutions have firmly placed disasters in the context of
economic and social development. In the first phase of these (42/169), the General Assembly
proclaimed the 1990s as the International Decade for Natural Disaster Reduction (IDNDR). The
significance of this resolution lies primarily in the fact that the assembly recognized that disaster
reduction is best accomplished by development-based disaster mitigation efforts. This resolution
clearly sets aside the longstanding UN distinctions between natural and man-made disasters. The second
is Resolution 46/182 of December 19,1991, whose philosophy is encapsulated in the concept of the
“ relief - to- development continuum”. The nature of relief to development continuum incudes three
important ideas : (i) That we are indeed dealing with a continuum, rather than a set of rigidly defined stages
of preparedness, relief, and rehabilitation; (ii) That the former concept of a disaster management continuum
has been expanded to include resumed sustainable development; (iii) That the aim of activities in the
continuum must be to move from relief to rehabilitation/reconstruction to resumed development at the
earliest opportunity. The resolution also states unambiguously that “economic growth and
sustainable development are essential for the prevention of, and preparedness, against, natural
disasters and other emergencies.” ( From Disaster to Development, Ellen Johnson Sirleaf. A
Framework For Survival - Health Human Rights and Humanitarian Assistance in Conflicts &
Disasters. Ed. by Kevin M. Cahill, M.D. A Joint Publication of Basic Books And the Council of
Foreign Relations, 1993)
Going by this, it is essential that the Government, Bilaterals and NGOs be bound to address not just
relief and emergency work to reduce vulnerability to disasters but also development Utpal Maitra
was of the opinion that the Poverty Task Force created in the state should be taken more seriously
by the Government and the NGOs. State Policy for Disaser Mitigation must address poverty
alleviation. The policies of Bilaterals and Multilaterals on Disaster Preparedness and Mitigation
should have strong links with their development aid policies. Partnerships can evolve only through
matching policies.
However, DFID’s policies on disaster are not so clear. DFID still has to develop a strategy paper on
disaster-based rehabilitation, although it had approved 21 million pounds till 8th Sept 2000 for
supercyclone related FFW, rehabilitation and reconstruction. Bilateral aid for disaster mitigation from
DFID has been to both the State Govt, and INGOs like Action Aid and Oxfam. Process of recovery
for the vulnerable can be stalled in the absence of policies and established funding norms or in the
case of conflicting policies between bilaterals and government. The Project for Livelihood
Restoration of Marine fisherfolk community pending with DFID is one such case.
Partnership terms may need to take into account the following :
(i) Traditional donor-donee relationship should be broken. Government should be more assertive.
(ii) According to Utpal Maitra, Bilateral agencies may take up monitoring, training but the management of
rehabilitation and its development links should be the govt.’s responsibility.
(iii) According to Saroj Jha, UN has to play a key role in co-ordination, but bilaterals should be limited to
funding and donor’s role. Role of bilaterals can be seen as influencing public policy as per their mandate.
(iv) OSDMA should now be carrying out what UN has been doing. While UN wants OSDMA to take charge
of rehabilitation, the latter has not reached a stage of independence or flexibility, believes Utpal Maitra.
Quick transferring of capacity should take place.
(v) Partnership in the areas of funding: Funding stability is necessary and stakeholdership of INGOS,
NCOS and Govt, should be equal to that of the bilaterals. Funding norms should have clear areas and
percentage of allocation for the different vulnerable groups.
(vi) Experienced Relief Workers and Emergency Managers are required from UN as well as INGOs who
work on the ground. There is need to strengthen the capacity of those engaged in providing Humanitarian
Services in Disaster Management . Sharing competencies through training emerges as a key area of
partnership between GO-INGO-INGO-Bilateral -Multilateral.
n
(vii) Partnership between the OSDMA and the Poverty Task Force of the State is a need for the future if
disaster mitigation is to be taken seriously.
(viii) Partnership in Humanitarian Assistance requires a Common Code of Standards - Standards of
Entitlements of the Primary Stakeholders and Standards of Service.
(ix) Partnership between all the service providers need to take into cognizance Local Involvement. This calls
for partnership with community volunteers, CBOs, PRIs, CO-operatives and other coping institutions of the
community.
6.1 Values Underlying Standards of Assistance & Code of Conduct: Values that should form the
base of humanitarian assistance are missing in the Orissa Relief Code.
This makes problematic the realization of rights for the vulnerable in a disaster context. Human Rights
should form the core minimum standard to be observed by ail levels, whatever their level of economic
or political development. Although the list of international human rights under the International Covenant on
Economic, Social and Cultural Rights, The International Covenant on Civil and Political Rights, The
Convention on the Elimination of all Forms of Discrimination against Women, and The Convention on the
Rights of the Child, is very broad, these are underpinned by certain key principles: (a) Respect for equality,
human dignity and autonomy, (b) gender equity (c) participation by people in decisions that affect their lives
and in development and its outcomes, (d) the principle of non-discrimination against the enjoyment of his or
her rights including access to public resources.
This Human Rights approach needs to be reflected in a coherent policy across all government departments,
NGOs and other resource and service providers. This approach needs to be integrated into a Disaster
Mitigation Policy which should lay down the Code of Conduct for all actors in a disaster scenario. Training
to internalize the Code of Conduct should be provided for in resources earmarked by both government and
NGO sector.
)
It is true that policy silence, inadequacies and ineffective implementation increase vulnerability of
the weaker sections in the community discussed above. However, it is also true that the
consequences of disasters are the product of strengths or weaknesses of the community as much
as the destructive force of the disaster itself. Therefore underlying value of disaster mitigation
should be to strengthen community institutions so that community may emerge as a powerful rather
than vulnerable stakeholder.
)
For this community institutions must be trained in rescue and evacuation, monitor the preparedness
measures, relief and community rehabilitation. These institutions may be youth clubs, village committees,
gram sabhas, mahila sanghs, co-operatives cr trained disaster response teams, reconstruction committees.
The strengthening of these institutions by placing funds, skills, information, knowledge and
sensitivity can improve the stakeholdership position of the community . They should be formed by
pro-poor, gender and disability sensitive women and men. These are needs to which the Code is totally
oblivious.
The Community needs to develop its own Contingency Plan for Disaster Preparedness to reduce
vulnerability. A Facilitator’s Guideline for such a plan has been developed by the combined efforts of the
UN, Orissa State Disaster Mitigation Authority, NGOs and INGOs based on the guideline provided by
Oxfam, Andhra Pradesh. This plan should aid in preparing the community with self-sufficiency atleast for 4-5
days without external assistance and aims at reducing losses. The vulnerable sections of the community
should themselves participate in the formulation of the Community Contingency Plan as well as a
Rehabilitation Policy for Disaster Affected Persons, laying down standards for entitlements and services.
For the community to emerge as a key stakeholder, these value systems need to be institutionalized
at the level of primary and secondary stakeholders. Systems of accountability and transperancy
have to be laid down between the victims, service providers and resource agencies. Right to
Information must be given primary importance so that the community, and the vulnerable sections
within it are able to have greater control over change processes affecting their lives.
It may be mentioned that Government accountability to the community is absent in the provisions of
the code. What is detailed is the accountability of specific govt, officials like the Collector, Sub-Collector,
BDO, Tahsildar. Rd., CDMO, Panchayat officials, Committees on Natural Calamities at the District and State
level to their superiors and ultimately to the Revenue Dept, BoR/SRC. Accountability to community
institutions do not figure anywhere in the Code. To increase the stakeholdership of community-based
organizations as identified above the stress should be on institutionalizing accountability and
transparency mechanisms in a manner that makes bureaucracy and NGOs accountable to PRIs and
CBOs in the form of Mahila Samitis, youth clubs, or village committees such as Punar Nirman
Sabhas created in the villages of Jagatsingpur; Centre of Information should move from the
Collectorate, BDO office and Rl office to GP and Gram Sabha, village committee and committees
formed for disaster response, relief and rehabilitation.
Yet Right to Information has not been made into a Central or State Act. The Officials Secrets Act
and Sec 123 & 124 of the Indian Evidence Act, 1872 are inhibiting laws standing in the way of a
community’s right to information. Sec 123 of the Evidence Act states under Evidence as to Affairs of
State that no one shall be permitted to give any evidence from unpublished official records relating to any
affairs of state, except with the permission of the Head of the Dept, concerned who shall give or withhold
such permission as he thinks fit. Sec 124 under Official Communications points out that no public officer
shall be compelled to disclose communications made to him in official confidence, when he considers that
the public interests would suffer by the disclosure.
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However, there are two Supreme Court verdicts that support People’s Right to Information which we
need to take into account. In the State of U.P vs. Raj Narain, 1975, which involved the question whether
the Blue Book (P.M.’s security book) ought to be disclosed , it was expressly held that a citizen had a right
to know. The state’s privileges are not a defence against Art 19(1 )(a) - The Right to Freedom. The Right to
Know which is derived from the concept of freedom of speech, though not absolute, is a factor which should
make one wary, when secrecy is claimed for transactions, which at any rate, have no repurcussion or public
security. To cover with veil of secrecy the common routine business, is not in the interest of public.
In the Judges Transfer case (S.P. Gupta V Union of India), 1981, which involved the question of whether the
correspondence between Chief justice of India & the Union Law Minister ought to be disclosed, a
fundamental change in the conception of the right of disclosure of information took place. Firstly, ft was
decided that right to disclosure is not a private interest but a public interest. Secondly, the Court
also decided that documents relating to Affairs of State could be ordered to be disclosed even
though they would cause injury to public interest, if the court came to the conclusion that the
competing public interest of disclosure was superior in the facts and circumstances of the case.
A Disaster Mitigation & Management Policy should place people’s right to accurate and authoritative
information as high priority to reduce risk and exploitation and speed up recovery . There should be
Information Centres set up in the risk period at the hamlet and village level which will warn, and in post
disaster situation will provide sectoral information. Emergency Managers must be aware of what acLon to
take in the area of pulic information after a disaster to avoid public loss of confidence. What and how
information is released to the press should also be responsibly laid down.
Institutional mechanisms for social audits and public hearings should be built into a Disaster
Mitigation Policy
to ensure GO and NGO accountability to CBOs . Presently one finds BDOs
organizing social audits on their own without involving NGOs. Or where Public Hearings are organized by
NGOs, the invited government officials are conspicuous by their absence. The frequency of social audits
and public hearings should be paced up. And co-ordination between Gos, NGOs and Panchayats and
CBOs is necessary for this.
Standards of service as mentioned in the introductory note should be prepared as part of a disaster
mitigation policy - standards to be respected by all service providers and appropriate training to be
provided to these service providers. These standards should be tested regularly through dry runs
and mandatory drills according to Saroj Jha, UN House II, for which a Fund should be created with
the District to reduce the vulnerability of the community.
Increasing literacy levels of the vulnerable in the community, destitutes, women, dalits and refugees
is a significant capacity required to effectively use accountability systems. This will improve
stakeholdership of the vulnerable. Women trained with a literacy of weights, measures can be part of
ration distribution and distribution of housing materials as they were after 1995 Bangladesh floods. (India
Disaster Report). The victims can also be trained as para-medicos and veterinarians. It is a question of
policies addressing the vulnerable as having certain capacities which may not be totally destroyed
by disaster and may be brought forward for participatory relief and recovery. At the same times
policies for all time periods should be clear so that delivery mechanisms become more accountable
and vulnerable people’s fundamental rights under Art 21, Art 23 & 24 of the Constitution human
rights following from Art 41 and Art 39 may be secured.
FOOD SECURITY
Disaster mitigation is linked inseparably to the level of investment that is justified to protect society and its
economic activities. The links between vulnerability, disaster impact, and poverty have already been
established. Until quite recently, however, the disaster field was essentially concerned with emergency
response and the delivery of post-disaster relief; focus on disaster preparedness measures as part of
planned development is a much recent phenomena. There is no doubt that vulnerability is frequently a
reflection of poverty and that consequently, vulnerability reduction is largely a product of social and
economic development. Certain capacities have to flow to the people through law, policy, efforts of the
community, service providers and resource agencies.
The degree to which these capacities have reached the people will determine the impact of disasters on
them, the level of risk experienced by them, and the degree to which entitlements were secured and these
risks shared. What shock-absorbers were set in place by the govt, to humanize coping mechanisms of the
community? What risk-sharing capacities are the people entitled to according to the provisions of the ORC
and Plan document of the State? Are they adequate? Which are the areas of entitlement failures ? What
policy changes are required to humanize coping mechanisms and reduce vulnerability to disasters?
In the following sections we identify the core areas of capacities and entitlements under the broad
heads of Food Security, Shelter, Health, Education and Legal Support Systems. The core areas in
which differential protection is experienced because of policy impact, standards of delivery, psychology of
the community and its stratifications have been pointed out. The core areas of changes in policy and
community preparedness are also discussed. To establish differential impact and recovery and to
substantiate the areas of implementation gaps and policy gaps we take the help of the findings
drawn from the Poverty Profiling and Need Assessment Study done in Erasama and Balikuda blocks
of Jagatsingpur district by Action Aid, Bhubaneswar Region, in January-February 2000 and help of
certain case studies.
These blocks, especially Erasama, were the worst affected by the Super Cyclone in the state. They
are the most backward blocks among the total 8 in the district. They have the lowest literacy levels
(around 60%) in the district with a female literacy among SCs being 30.93% only in Erasama and 28.80 %
in Balikuda. These two blocks also have the least agriculututral productivity in the district and are repeatedly
affected by natural disasters like flood and cyclone. The Poverty Profiling Study states that the Planning
& Co-ordination Department of the Government of Orissa has identified Erasama as a ‘backward’
block based on indicators of health, education, livelihood and communication, while the other 7
blocks of the district are under ihe ‘developing’ category. Erasama falls way below the rest, including
Balikuda which is the second most backward block in the district. The panchayats selected for the study
were identified on the basis of their impact through a triangulation method of consulting BGVS volunteers
working in the area, government officials and NGOs. 30 villages were covered as sample villages out of
which 16 were from Erasama block and 14 from Balikuda. The PRA tools used in the study were
intended to find out: What the community was before the Cyclone, in terms of its caste, gender, age
and class divisions; what the Cyclone did to it, again across sectors of caste, gender, age and class;
the situation at the time of the study; and what could be done, focusing on the poorest of the poor.
We also refer to a case study drawn from a process of Lok Yojana or People’s Planning facilitated by
Action Aid in 18 villages of Ersama block, Jagatsingpur district. The case study of PradhanGheri
village, Padampur GP, is used to locate vulnerability, differentials in well-being before and after the
disaster which has implications for impact and recovery. The village is situated 40 kms east to the
district HQ, Jagatsinghpur and 20 kms from Block HQ Erasama. The Panchayat HQ, Padampur is
very close, one and a half kms away. One km east of this village the river Siali enters into the Bay of
Bengal. Before the cyclone, there were 61 households in the village out of which 2 were Brahmin
families, 5 were Karanas, 2 were weavers, 51 Khandayats and 1 tribal family. The first generation of
this village, whose origin goes back to 1949, were Bengali migrants from Midnapore, West Bengal.
The well-being analysis was done by the members of the village who categorized themselves into different
groups based on their income-expenditure indices. As explained earlier, income is one of the indicators
taken by the Human Development Index to measure human development. By looking at the well-being
ranlong in the village, one can understand on whom would be the greater impact of the disaster.
Category one comprises of people who are endowed with 5-15 acres of arable land, who produce paddy
sufficiently to meet the needs of the entire year, a member of their families is employed with the
government, they never go for credit, they have homestead land of 1acre to 2.3 acres and own 30 - 40
coconut or cashew plants. Obviously, this is a self-sufficient group having high well-being and low
vulnerability. Out of a total of 61 families, there are only 6 such families in the village.
The second category comprises of those who own 2-5 acres of arable land, whose secondary
occupation is business, whose homestead land is between . 2 acres to .5 acres, they own cow, fish and
pou.zry whose produce supplement their cash incomes; they have more than one earning member in the
family. Their pre-cyclone annual income, drawn from agriculture and paddy business, was 24,300/- while
their annual expenditure was Rs 23,950, which left them with an excess income of Rs 350/- over their
expenditure. 8 families fall into this category.
The third category comprises the owners of .5 - 2 acres of arable land. These families often go for credit to
meet food requirements; a member of these families is employed in petty private jobs; there is only one
earrjng member in the family; the average family size is 6 or more. They own not more than 5-10 coconut or
casr-ew plants,. Their pre-cyclone annual income, drawn from paddy, daily wage for 20 days month @ of
Rs 80/- per day (as they were working in prawn and betelvine farms), selling of milk, income from poultry,
fish, cashew processing and prawn farming was Rs 20,850/- and expenditure was Rs 22,590/-, out of which
expenditure on food alone was Rs 11,340/-. As we go further down in the well-being ranking, we find that
expenditure exceeds income, thus increasing vulnerability. For the 17 families in the third group the excess
of expenditure over income is - Rs 1740. This deficit is met through loans from the co-operative banks.
The fourth category has even fewer endowments. They own arable land between 0 - .25 acres of arable
lane and are mainly daily wage labourers. Their secondary occupation is sharecropping, there is only one
earning member in these families even though the average family size is 6 or more. They usually have one
dauahter of marriageable age at home. They own between 1- 5 coconut or cashew plants. 26 families of the
village fall within this category. Their total annual income, drawn from sale of paddy, daily wage and wage
from sharecropping, income from goat, poultry, fish and prawn seedlings, cashew processing^ and other
miscellaneous activities, before the supercycione was Rs 14,850/-. Their expenditure was Rs 17,790/-, out
of wnich food expenses were maximum, i.e., Rs 8640/- creating a shortfall of Rs 2940. This group had no
access to credit from formal institutions and were dependant on local money lenders. The loan and the
interest amount used to be deducted from their share of the crop, thus increasing indebtedness.
The fifth category comprising of the most vulnerable, is formed by the landless, destitutes, children without
parents, single women, disabled, aged and widows. This category was constituted by 4 households and
were drawn mainly from the 3rd and 4th category. This group was considered by the village to be in need of
maximum attention. They were also the inmates of the Mamata Gruhas formed as short-stay homes for
desdtutes and orphans. Action Aid has thus concentrated on the food security and rehabilitation of the 3rd,
4th and 5th categories.
)
The village group doing the well-being analysis felt that the last three groups formed the most vulnerable
sections of the village. Thus detailed problem analysis for these groups, in the context of pre and post
disaster scenario, was prepared. This was to form a base for drawing up household level and village level
disaster preparedness plans.
If the last three groups were the most vulnerable at the time of a disaster it follows that food security
arrangements starting from food stocking arrangements to relief distribution to livelihood restoration, ought
to have had primary focus on them. But was it really so ? While it is clear that impact on the last three
groups would be more because of fewer shock-absorbers, what capacities were transferred by the
Government and other service providers to reduce differential impact and recovery? Were the
government’s policy provisions adequate ? Was implementation according to standards set in the ORC ?
We identify some of the key implementation and policy gaps which have resulted in differential impact and
recovery.
In this section, we look at: (1) Long-term Food Security arrangements for disaster mitigation cannot be
addressed only through emergency provisions during the disaster and immediately after that but needs to
be secured through ownership over means of production/livelihood resource base and strong social
policy securing food rights of the poorest through a public distribution system that counters the unequal
accessability to food supplies in the market (2) Emergency response which begins before a disaster and
goes on till relief phase must address the Food Storage & Buffer Stock readiness through PDS - the
procurement, control/regulation of the market and the scope for Entitlement Transfers through Emergent
Relief, Gratuitous Relief & Food Aid which people need not return back to the state/service providers.
These may provide short-term coping mechanisms. (3) Food Security under Rehabilitation looks at
the Entitlement Exchange through provisions for Food For Work, Partial Transfers through subsidies,
loans for restoration of livelihoods that is necessary to humanize long-term coping mechanisms.
IMPLEMENTATION GAPS IN FOOD SECURITY ENTITLEMENTS
A protection gap can be experienced due to gap between policy and its implementation. This
means that opportunities provided in policy for recovery, loss sharing or for placing short-term
and long- term shock-absorbing capacities with vulnerable individuals and households, or
community as a whole, may be lost due to failure of delivery mechanisms. Such implementation
gaps increase vulnerability to debilitating impacts of disaster.
1.1a The immediate post-disaster situation always witnesses a situation where people lose their
capacity for exchange. In such a situation there is need for entitlement transfer in such a way
that the individual does not have to give anything in exchange for food - neither money nor
labour, preventing starvation death. This happens through a supply of free food or
supplementary income from the State as well as through charity. Of late this has been
complemented by Food Aid from outside. According to the Orissa Relief Code, immediate
transfer of food is through Gratuitous Relief which is of three kinds - Emergent Relief, Ad-hoc
Gratuitous Relief and Gratuitous Relief on Cards. According to para 163 of the ORC, Gratuitous
relief is given to those who are incapable of earning their livelihood and for children of a
specified category. It devolves upon the state govt, to feed the people who being handicapped cannot
do physical work or who have been incapacitated temporarily due to the impact of such a calamity or
illness or otherwise and cannot earn their living. Para 165 mentions that Emergent relief is given for
a general period of 3 days and maximum of 15 days when due to a severe natural calamity like
high flood or cyclone it becomes impossible for people to procure food. It becomes necessary for
govt, to provide them with dry food or cooked food, clothing shelter and other necessaries of life
o
)
)
through waterways and airdropping. According to the Orissa Relief Code, the provisions for emergent
relief includes dry ration in the form of rice, chuda, mudhi, gur, ragi and maize, etc. besides other
necessaries of life, and is supplied at the rate of 500gms per adult and 250gms per child below 12 yrs
of age per day . Para 167 discusses Ad-hoc gratuitous relief. This is given for a maximum of 15
days to people affected by natural calamity to avoid starvation, exrteme hardship. The scale of food
supplied is same as emergent relief. The eligible are those persons whose attendance on the sick is
absolutely necessary, preventing them from earning a living, able-bodied persons rendered temporarily
weak due to want of food, malnutrition or illness, marooned people deprived of cooking. This again is
sanctioned by Collector but exceptionally so. However, very rarely are these transfers supported by
law, making chances of survival bleak for the victims of a disaster. These transfers, their timeliness and
efficiency, are basic capacities required by the affected people to prevent starvation and to initiate a
recovery process.
1.1b However, there have been starvation deaths following the disaster due to delay in
government delivery of emergent relief. These deaths violate the Right to Life under Art 21 of
the Constitution under which the government is bound to protect the individual’s Fundamental
Right to Life. It also violates Art 47 , Directive Principles of State Policy, that the State shall
regard the raising of the nutrition and the standard of living of its people and the improvement
of public health as among its ‘primary duties’.The starvation deaths also violate the objectives
of the Orissa Relief Code to prevent starvation as stated under Para 5. These are human rights
violations for which the Collectors in the 14 affected districts and the Special Relief Commissioner at
that time should be held responsible as under the ORC provisions they are in charge of food
preparedness before and after a disaster.
1.2a Failure of PDS Stocking & Food Storage in vulnerable places prior to the disaster is failure
of delivery mechanism assured not only under provisions of the Orissa Relief Code but also
under Basic Minimum Services of the Five Year Plan of the State. Para 57 and 58 of the ORC
state that the Collector is responsible at the district level along with the District Level
Committee on Natural Calamities to store foodgrains in interior, vulnerable, strategic and key areas,
make arrangements for dry food stuff like chuda, etc., and other necessaries of life such as kerosene,
candles, matchboxes, etc. Para 46 states that the District Level Committee shall be convened in the
month of May to review the precautionary measures taken or proposed to be taken against the possible
floods, stocking of food stuff in advance in interior, vulnerable, strategic and key areas, and review of
other programmes of work in progress. Para 240 addresses the strengthening of the PDS
apprehending a rise in prices and scarcity of foodgrains. Here, Govt, can be held accountable to
its own standards. Its own norms of food stocking for Gratuitous Relief states that it should be
ready one/two months in advance and stocking should be in safe places. But this readiness was
not reflected in reality. This has resulted in Violation of Art 21. These provisions should be made
statutory and failures should invite disciplinary action against officials.
1.2b Para 242 (ii) of the ORC explicitly states under ‘Stocking of Food Stuff in Flood Prone
areas’ that the unprotected areas as well as low-lying areas in the coastal districts and the river
valleys in other districts should have storage depots and sub-depots of essential commodities
sufficiently before the commencement of floods. This is so that PDS is not obstructed even if fresh
supplies do not reach for sometime and keeping in mind that roads, bridges may go out of action in the
rainy season. These depots and sub-depots may also feed the emergency relief relief programmes and
other feeding programmes that may be undertaken in the exigencies of the situation. However, in
reality there was inadequate storage infrastructure due to which foodgrains received as relief
had to be sent back. This unpreparedness in infrastructure is a violation of the instructions in
the ORC as well as impinging on the Right to Life of the vulnerable sections.
1.2c Generally dry food is supposed to be stocked in 1000 quintals in each block HQ. Saroj Jha
who was SRC in the post -supercyclone period says that the PDS was in a mess in November
and December 2000. Rice had to be lifted from private dealers by police force and taken to GPs in
Jagatsingpur. Entire Food Supplies chain was disrupted because PDS storage agents themselves were
affected. They had no money to deposit with dealers and dealers were unable to deposit with the Food
and Civil Supplies Department. Black marketing took on. Although the system improves during
emergency it is not good enough, feels Saroj Jha. Disaster preparedness is linked to normal period
delivery response. In normal times PDS hardly exists. The PDS agents are to be found selling in black
in the open market. According to K.S. Srinivasan, who was SRC for almost a decade in the 1980s, the
black - marketting is taking place because govt, is not paying the transport cost of lifting food grains and
stocking them in designated points to the agents. This is forcing them to sell in the open market.
1.2d The failure of the PDS is corroborated by survivors and those who rushed to the worst
affected places such as Ersama block in Jagatsingpur much before the govt, could reach.
Pradipta Ram, a SUCI youth volunteer from Panchapalli, Ersama block says that from amongst the
survivors many died of hunger. People died without food, sitting on the roads with their heads in their
hands, 4 days after the cyclone. The total number of deaths in the cyclone was 9885 according to the
White Paper of the GOO, Dec 1999. Many who survived, died out of hunger. Many starvation deaths
could have been prevented if PDS had been functioning better, if they were accessible to the people in
vulnerable locations and to the most risk-prone in the BPL categories like women and dalits. Did these
people have control over PDS - its location, the amount to be stocked and the time in which it
should be done? It is these aspects which will determine the impact of the disaster induced
food insecurity, the degree of entitlement failure and the ability to reduce the impact and
recover from it.
1.2e On speaking to Rashmi Khatua, the Sarpanch of Ersama panchayat and her husband, Sudhakar
Khatua, ironically, the defacto Sarpanch, one discovers that the PDS centers are quite distanced
from the vulnerable villages which are flood and cyclone-prone. In Ersama Panchayat, for eg. after
4 days of going without food some of the starving people went and requested at the Block office for the
distribution of rice which was rotting in the sub-wholesaleris godown. That to access PDS rice it was
necessary to take the Block level permission in a starvation situation, is an indicator of the level of food
command/control that vulnerable people had. The PDS is not even controlled by the panchayat
according to the Sarpanch of Ersama, let alone vulnerable hamlets within it. This is in violation
of the powers given to the Panchayat under the 11th Schedule .
1.2f By placing the PDS out of the reach of the poorer sections, the objectives of the PDS and the
govt’s own policies evident in its Plan documents and outlay, as well as its intentions reflected in the
ORC are violated. To top it, we find that the govt, actually hiked the PDS foodgrains prices which was
raised from Rs 4.00 a kg to Rs 6.50. One is forced to question govt.’s insensitivity to vulnerable
people’s recovery process. V. Shridhar, in his article ‘Food Security in Peril’ in Frontline, June 9,
2000, points out that Public Distribution System appears to be the weakest link in the food security
chain in Orissa. If people are unable to access enough food, it is but natural that they will adopt short
term strategies for survival such as excessive disposal of whatever remains of the household assets.
This in turn will lead to what Amartya Sen calls - ‘derived destitution’, ill health and long-term negative
consequences.
1.2gThe Mid-term plan review of the Ninth Plan held in New Delhi revealed that one-third of food
grains don’t reach the poor. While huge amounts of foodgrains are not lifted from Food Corporation
of India, a whopping 36% of the wheat oistributed through the country's ration shops does not reach
those whom it is meant for. Diversion of rice is as high as 31% and 23% of the total sugar distributed
through the PDS, does not reach the intended beneficiaries either. Both availability and nutrition levels
have fallen inspite of increase in food production because Targetted PDS is not reaching the poorer
districts of the country, BPL foodstocks are not being lifted, the poor do not have money to buy the 20
Kg or grain allocated to them, and officials charge around 14 % extra for the grain meant for them. The
overall effect is fall in the consumption levels of the poor in the 90s as compared to the ‘80s. (Crores
of Rupees Lost in the Name of the Poor. New Indian Express. 26. 092000) Instead of rectifying
these problems, the mid-term review’s suggestions are that ways be found to reduce the PDS
stocks to around half the current level. This is because the food subsidy on the PDS was a
whopping Rs 9,200/- crore, the loss from diversions adds to around Rs 3,000 crore. The failure of the
HDS created acute food insecurity. As kitchen gardens were totally destroyed it further aggravated the
crisis.
2.1a Both categories 3 & 4 of Pradhangheri village also pointed to the lack of good roads as an
inhibiting factor that prevented relief from reaching them quickly. While ‘inaccessability in
communication’ is one factor, why dalit, migrant and refugee settlements should be excluded from
development infrastructure such as approach roads, bridges cr water transport exposes the biases
inherent in normal period development The absence of roads made the Bengalis in Athagharia more
vulnerable to exploitation during normalcy. The Participatory Poverty Profiling and Need
Assessment Study points out that these villagers had to walk more than 5 kms to reach the local
market near Ananthpur where they sell fish. On their way back they are virtually looted by the Oriyas.
People of Nandera feel that the lack of road to their village is a political game plan to prevent their
development. As a road will enable them to access market, hospital, bank and other facilities more
comfortably it is being obstructed by vested interests.
2.1b According to the Study, no relief could be supplied to Siali village for the first week
because of lack of communication. The people in Siali village said that they waited for a week
but no relief came. Finally they went to Erasama by repairing a Aiecked ship which was lying outside
their village, left behind by a shipping company in 1995. They were given one bag of rice by the Block.
It took them three days to go and come back. By the time they reached the village, half of the relief was
consumed ‘raw’ by the hungry men. In Mathasahi, because of damage to the kaccha road, people
received relief after 12 days. In Kochilabedi, another village cut off by flood waters, people had to travel
to Erasama, about 9 kms away, to fe’.ch each one a packet of rice and 14 packet of gram in wet
condition. Athgharia village did not have an approach road. When airdropping became difficult due to
bad weather, the lack of roads made ihe food insecurity of cut-off people more acute. Such was the
damage to roads in Jagatsingpur that relief could reach Jagatsingpur after four days of the cyclone.
Connectivity through roads is one of the infrastructural entitlements assured under the Basic
Minimum Services and the preparedness provisions of the ORC. This deprivation in
communication facilities aggravated the impact of the disaster on vulnerable sections as it
reduced their chances of escape, as well as access and control over relief materials. This in
turn had negative impact on their life and food security, violating Art 21.
3.1a Relief provision of food was also differential and inadequate. Lawless distribution of relief
rice observed in several places. In various GPs of Badchana block in Jajpur, for instance, many adults
had got 350 or 300gms of rice when the govt, declaration was for 500gms per adult and 250 gms per
child. { Sambad, 28.11.99). Categories 3 & 4 of Pradhangheri village point out in their problem
analysis that the food relief airdropped from helicopters was too late and meagre. Furthermore,
during the last relief operation, the BPL category was lifted by government circular for the time
period between April and October 2000 on the belief that everybody had been levelled down to
the same stature. Govt, provision was for 20 kgs of PDS rice every month for both BPL and APL
categories. So for this essential commodity everybody became eligible. Subsidised rice
became available for people Above Poverty Line (APL) and people Below Poverty Line (BPL).
)
This has also prevented the recovery of those who were more needy. This is supported by the
findings of the Poverty Profiling and Need Assessment Study done by Action Aid in
Jagatsingpur district. Nolia Sahi village is one of the few villages that are single caste, comprising
purely of Scheduled Castes househc.'ds. They had received "DS rice only twice in 3 months, between
December and February. In Nimol vCage there are 77 BFL card holders, who had not received relief
under the scheme since the cyclone. There were no directories available with relief managers as
to who is more vulnerable in the community. The study also points out that food insecurity was
a product of the dynamics of the delivery mechanism. Relief was channelized from Block to
I anchayat, with the Ward Members receiving it from the Samanch and distributing it in their respective
wards or hamlets. Where relief came io the villages througn me ward member, it became distorted. As
the ward member came from upper caste, most of the relief was used by the higher caste villagers. This
was so in Badakula and Ramatola vi'iages where the access of SCs to relief was denied by upper caste
villagers. The NGOs decided to d:smbute relief directly m the villaces inorder to prevent this from
happening.
3.1b Just as many were excluded from this relief others found it inadequate. The SC cardholders
of Ramtara and Udupurpada villages felt that the 20 kgs of PCS rice per month was totally insufficient
for a family with six members, and wo. d not last more than a week. Several newspaper stories also
point to quantum standards of emergent and gratuitous relief being broken in many instances,
i he quantum standard was fixed at SOOgms per adult per day and 250 gms per child below 14
ch dren below 12 years, helpless widows, attendant of sick pecole or infants and the temporarily weak
not coming under any other social security scheme of the go.ernmen: are eligible. Gratuitous relief
caTmiNVn rSnS°ned
9°T
3 '°n9er period dePendin9 on the intensity of a natural
calamity on cond tions as may be prescribed. It shall orc.-a-iiy be ..- red to villages where there has
been a crop loss of „u-,o or above and private charities cannc: cope up with the need.
3 Id Para 170 interestingly mentions that an otherwise deserving person who belongs to another
EmiXTfrom? t e' T T"
Or temPor3ri|yresidss
effected areas should not be
like Sltn^o nd S9| UnderTorarUlt0US Rel'ef' Butreaiit>' ~3ny
L m'gr3nt and refu9ee villa9es
like . olango and Kholapa and Balyan in -mama block have been totally en out. This is a violation of the
ZthaUhX h1" °RC' i11'5/3150 3 Vi°latiOn °f UN Convention of Rights for Refugees which
,nht®y h! e?“al r,9ht cver public relief and a viciation of the Rights of Migrant Workers
' J TT Conventlon ■ Under thls law a miSrant has right to equal treatment with
nationals of the state concerned where they are working. This impiementation gap also violates
Art 46 of the Consbtubon under which SC and ST communities find protection as ‘weaker
secdons .
4.1a The erratic nature of relief distribution also created food insecurity for the vulnerable
sections such as scheduled castes, which is indicated by migrations that started as early as 15
days after the disaster in some places like Bhadrak; diversion of compensation amount for
consumption; distress sale of labour and land. These are all indicatons to differential impact
and recovery.
4.1b A history of implementation gaps and differential recovery have been revealed by the
^c,p^0^ Poverty Profiling and Need Assessment Study. The people have identified that in the
1955 flood, because or total loss of crop, the SCs found it difficult to make a living as all of them were
3
d
)
)
X
r
agricultural labourers. They survived by selling fuel wood and timber by cutting down the casuarina
forest raised by the government. The upper caste people, on the other hand, managed with earning
from betel vines that were not affected. They did the same thing after the 1967 cyclone. The Trend
Analysis of Cyclone Impact done through the study points to instances of distress sale of land
among the SCs in Mathasahi village of Nuagaon village after 1967 floods. The trend of distress
migration which started mainly after the 1982 floods have been seen in Mathasahi, Sumuda,
Ramtala and Kumbhari villages. Most of the landless migrated as unskilled labour to places like
Calcutta for construction work and to Paradeep for work in the Port.
4.1c There is a history of migration to local urban centers like Cuttack, Paradeep, Kujanga and
Jagatsingpur; the study shows an increasing trend among villagers since 1990. Prior to 1990
most migrant labourers were employed as full time contract labourers within the local area. They are
mainly hired by contractors who take them out. But after 1990, they preferred to migrate afar for higher
wages and work for only 8 to 10 hours a day. The time periods of migration in Athgaria village, one
of the worst affected villages, coincide with crop failure due to saline inundation. Migration
decreased in 1997-98 coinciding with the building of the saline bund, as is revealed by the Trend
Analysis.; and in Kumbhari viallge, not as affected, where migration to Calcutta used to be a
regular feature since 1980, the making of concrete houses in 1994 coincided with the decrease
in the number migrating. This shows that where the protection gap in shelter and liveihood
was bridged, migration was reduced. However, in 1999 , migration returned to its normal level due
to the cyclone. Out of 34 households almost 30 migrate regularly. Migrations have been taking place
from Ramtola village, Gandamunda, Sumuda, Balisahi. Migrations outside the state have ben to
Calcutta, to work in th espinning mills,hotels,, shops and as gardeners; to Mumbai, Delhi, Ahmedabad
and Madhya Pradesh, Hyderabad and Goa. The main reasons for migration were put at the lack of
wage earning opportunity in the village. The trend in migration coincides with the major cyclones
occurring in 1971, 1972, 1974,1982 and 1999. Each cyclone witnesses an increase in the
migrant workforce and the number of destinations to which they go. After the 1999
supercyclone, the trend continues. When the study was being conducted the people of Ramtola
and Sumuda had already made preparations to move out. In Athagaria, people said that unless
proper measures are taken they would return to their native homes.
4.1 d Ususally the migration period is 4 months in a year during the lean periods from March to
May and October to November. Patterns of migration have changed with people not coming
back to their homes as they used to earlier. In many cases, they have been forced to work
under low wages. This is a violation of Art 23 - Right against Exploitation which prohibits
traffic in human beings and forced labour. Minimum Wage Act, 1948 is also violated.
5.1a. Pradipta Ram, a youth from Panchapalli village, Goda GP, an SUCI volunteer who has
contributed immensely to the relief and health services, states that entire villages had moved by may
towards Jagatsingpur town, 25 kms away, for canal bundh work. Many had left for road cutting wcik to
Cuttack which is three hours away by bus; some had gone to Chilika for tank digging and repair. People
from Annui have also gone. This has made the contractors’ job easy as they are paying the people or 3
or 4 days when they may have worked for 15. At the same time these people cannot quit and come
back to their villages.
5.1b Mr Farooque from, Fellowship, Bhadrak district also confirms this in one of the State Levei Co
ordination Committee meeting. In the areas that he is working the nature of migration has changed. In
Basudevpur, people generally go out for work in January and come back by the Raja festival in June
but even by July people had not come back. The limited scope for livelihood in their home village as
well as the loans people generally take to migrate were some of the factors preventing them from
coming back. Trafficking in women from the Bengali settlements also indicated their greater food
insecurity position. As early as 14th/15th November 99, people from affected villages in Bhadrak were
already talking of migration to Puri and Calcutta, because the crops were gone, fish were polluted and
the cattle dead. Such distress sale of labour seems to have been a rather common experience,
especially after the cyclone, although the state is bound by the Bonded Labour System (Abolition )
Act, 1960 to prevent this. Art 23 prohibits traffic in human beings and forced labour & Art. 24 also
secures the Right against Exploitation, and therefore against bonded labour. The government
has not used any of the laws at its disposal such as Suppression of Immoral Trafficking Act or
Bonded Labour(Abolition) Act or the Orissa Child Labour (Prohibition & Regulation) Rules, 1994.
5.2 The distress sale of labour and migration indicates the failure of the government to
implement the food security provisions provided in the ORC and its Plan Document before and
after the cyclone. To prevent such callousness, food security provisions must be made
statutory and lack of implementation punishable. This will help secure people's Fundamemntal
Right to Life under Art 21 of the Constitution.
5.2a Further implementations gaps in ensuring food insecurity is indicated by the diversion of
housebuilding compensations for purchase of food. In one village, Sumuda, the Participatory
Poverty Profiling and Need Assessment Study reveals, the OECs were earning half the wage for
house repair work on the understanding that they will be paid the rest later. They have been forced to
use their house compensation money to buy rice from the market The study elucidates how food
insecurity compelled beneficiaries of house damage compensation to divert it for food
consumption. Damage compensation was provided at a time when there was not enough to eat.
Nor was it enough for carrying out repairs. So, in Era village, the SCs spent one-fourth of the
compensation money on food, another fourth on agriculture (for daiua crop), almost a fourth on
utensils, one-seventh on cloth and the remaining seventh on house repairing and the remaining
seventh on house repairing. Farmers who were of the same economic status as that of the SCs,
spent equally on food, cloth, agriculture, utensils and house repairing. The SCs who were doing
food for work were also buying rice from the market with their compensation money. The differential
transfer of relief and rehabilitation entitlements has created differential recovery for these sectons
which is indicated by their dehumanizing coping mechanisms and survival strategies.
6.1 Yet another indicator of the success or failure of the Policy on Feeding is maternal mortality
and morbidity at the time of child-birth. The IMR is highest in Rural Orissa in comparison to
other states in Orissa. It is 98 per 1000 and 739 per 1,00,000 births, respectively. (Sept. 12, 2000,
The New Indian Express) This shows failure in the implementation of the ICDS programme and
Supplementary Feeding Programme assured under the Preparedness and Emergency Provisions of
the state. The Panchayati Raj Dept. & the Women & Child Development Department must be held
responsible for this. This failure in delivery mechanism is a violation of Art 39(e) of the Constitution
under which the the state shall direct its policy towards securing health and strength of workers, men
& women and violation of Art 47 stated above. As it is mainly expectant women, nursing mothers and
children from the poorer households who are dependant on the ICDS, their recovery process has been
affected. The failure of the ICDS programme is elaborated in the section on Health & Education.
7.1 Just moving food into an area will not help the affected population when what is required is
generation of entitlement because first thing to be tackled is entitlement failure. This means that
total transfers have to be substituted with exchange-entitlements and livelihood restoration to
preserve the dignity of the people. Capacities have to be introduced into the community for providing
work so that people are given opportunities to contribute to their cwn self-help and livelihood such as
through Food For Work. Food For Work, as under Para 158, is supposed to be undertaken with the
assistnce of food stuff supplied free of cost by the Internationa! Voluntary Organisations, the cash
componenet beinf met out of the relief money in thise areas. Grain for Work under para 159 is a GOI
scheme for generation of additional employment opportunities in rural areas by utilizing surplus grains
in the country. Wheat is given free by the Central Govt, and matching cash grant by the state govt. This
is run both for maintenance as well as original development works to supplement the plan and non
plan positions. Food For Work was implemented very late by the government in Jagatsingpur, in
May, in fact, increasing the food insecurity of the people. What time gap between the
withdrawal of gratuitous relief and the initiation of FFW is permissible and beyond which time it
becomes a violation of people’s right to exchange entitlement does not find mention in the
Code. The protection gap was attempted to be filled up by INGOs and NGOs.
*
7.2 According to the women’s group in Pradhangheri, rehabilitation services and opportunities
were accessed mainly from the NGo sector. Action Aid in a period of 7 months provided Food For
Work for 42 days to the 2nd, 3rd and 4th categories in Pradhangheri, Lutheran World Service for 15 days
to 3rd and 4th categories, and relief rice came from Red Cross for the 2nd, 3rd and 4* categories. Action
Aid’s FFW package consisted of Cash @ Rs. 15 per day, Rice @ 2.5 kgs per day’s work, Pulses @
200gms per day’s work, Oil @ 150 ml per day’s work. The relief rice from Red Cross was 150 kgs per
person in the 2nd group and 100 kgs per person in the 3rd and 4th categories. LWS provided 112.5 kgs
for 15 day’s work. FFW by these service providers was able to provide scope for transfer of food,
cash income and work opportunity for recovery through self-help of the groups more affected
than others.
8.1 The Entitlement Failures For Farming Community have been in the following areas:
8.1a The key areas of entitlement failure in restoration of livelihoods for the Farming Community
was in the area of seed supply, tilling support and ensuring desalination of lands and
compensating for sand-cast lands, replacement of agricultural implements, credit/loans. Risks
have not been shared timely with the vulnerable people by the government according to the
standards set by itself. Differential and delayed implementation of these provisions has violated
people’s right to adequate means of livelihood under ORC provisions, Art. 39, the Right to adequate
livelihood and Art 41 of the Constitution which assures public assistance under ‘Undeserved
want’.
8.1b Under Para 21 the Agricultural Department is supposed to provide seeds for the rabi
Programme. According to para 224 of the ORC the Agriculutre Dept, is the main agency for
supplying quality seeds to the cultivator. It is responsible for assuring the Kharif programme. They
are to take steps for procurement of seeds well in advance of the agricultural season both from inside
and outside the State. Irrespective of these provisions, the supply of seeds was very late. This was
because government was not ready with saline-resistant seeds, or local varieties. The Seeds Act,
1966, is an Act for the regulation of seeds and the movement of seeds wntrirr the country. By
emphasizing on certified, ‘true to type seeds’ as against local varieties for agricultural production, it
prevented the distribution of local varieties which were anyway in shortage. This Act does not specify
what alternative path is to be followed in a situation where certified seeds may be in scarcity . While it
lays stress on quality seeds, there is an implicit bias against the use of local seeds which is
institutionalised as is evident from the opinions of OUAT & ICAR. This has induced food insecurity.
Even certified seeds have given only 40% germination as proved by CYSD in Ersama.
8.2 The people of Pradhangheri have identified the need for sweet water to the arable land for
their recovery. Through that they will be able to grow twice the amount of what they were
producing as sweet water will reduce the salinity of the soil and enable the growing of crops in
summer. This will help them in reducing the total period of food insecurity. However, irrigation
support in the post-cyclone pe^od emerges as another area where capacities have not been
transferred adequately. This is also supported in the views of organizations working to restore
)
irrigation facilities. According to a representative from Unnayana, a Bhubaneswar based organization
providing irrigation points in coastal areas, the Govt, had promised to restore all LI points by March. But
this did not happen. Again it gave a revised statement that restoration would be done before-the Kharif
crop. But the Lift Irrigation Corporation has done little towards it. In Balikuda, Astaranga and Ersama
not a single LI point had been restored by 17th August, according to the Unnayana representative. The
Lok Yojana exercise done in Pradhangheri 7 months after the supercyclone is also testimony to
policy failure.
8.3a Similar entitlement failures have been experienced by farming community in case of
mechanized tilling support. According to the ORC, the government is supposed to provide tilling
support through bullocks.. Where Tilling Support is concerned, bullocks may be given on loans by
Revenue Officers under the Agriculturists Act., according to the ORC. The price will be fixed
with reference to the price fixed for IRDP beneficiaries. In this situation where massive casualty
in draught animals has taken place, there should be scope for alternative mechanical provisions
for small and marginal farmers. In the rehabilitation process , only a few NGOs have given a few
tractors to farmers. But even when subsidies have been granted for tractors on an acreage basis there
are procedural problems, according to Utpal Maitra of DFID.
8.3b But no time standards are mentioned for this assistance. This lack of time standard has
slowed down the flow of capacity to the vulnerable people. By the time the government
arranged for mechanized tilling support it was already late. The Orissa Agro Industries
Corporation’s scheme of providing tractors on hire came after the main tilling period. As shared
by a UN Volunteer, Mr. Nanda, OAIC was yet to deliver in the end of July, although it had
collected the list of beneficiaries. The initial policy of OAIC was to support small farmers having not
more than 1 acre of land ,who had lost their cattle. On a system of partial transfer, the OAIC was
supposed to provide RS. 300/- while the beneficiaries were supposed to match it with another 300/- On
an hourly basis, the hiring charges of tractors were Rs 200/-, with tilling an acre requiring 3 hours. Later
this policy changed. The small farmer norm was dropped because sharecroppers working on big
farmers’ land were getting sidelined, and small farmers had already cultivated because they could not
afford to wait through the policy indecisiveness of the Govt.. The small farmers who had borne the
risk upon themselves and tilled on their own wanted the cash part of the support to be given to
them by OAIC. But the latter has been unwilling to compensate. The entire risk has thus come
on to poor farming households. The objective of partial transfer of capacity was lost. While govt,
failed to keep its policy commitments, some NGOs had encouraged the people to go ahead with
tilling on their own, promising to provide the financial support after the activity. People took
debts for this but find these NGOs unable to support them. For small and marginal farmers and
for sharecroppers, the process of recovery has been affected due to ineffective govt, policies of
risk-sharing and time of deliverence being very skewed and inabilities of NGOs to fill up this
protection gap. In some places people have tried to counter this risk by helping each other. This
has acted as a kind of mutual insurance. In Ersama, Action Aid has encouraged collective farming
among Scheduled Caste beneficiaries of FFW. Sometimes 30 or 50 of them, very often sharecroppers,
farm each other’s lands.
8.4 Similarly, for Betelvine farmers, assistance up to a maximum of Rs.500/- shall be provided
according to 251(a) of the Code to small and marginal farmers whose betelvines are
substantiantally damaged by flood/cyclone and such assistance will be limited to the extent of
only 10 decimals of betelvine affected. Betel is the primary source of livelihood in villages like Siali,
Kalabedi, Gandamunda.Gobindpur and Mathasahi, according to the Participatory Poverty Profiling and
Need Assessment Study. A vine of 50 trees on about 20 decimal of land would fetch around Rs
10,000/- to Rs 20,000/- in ever quarter of the year. People required betel saplings and infrastructural
components destroyed by the wind to revive these plantations. Revival would cost around Rs. 35,000/-
€
according to an estimation done in Sankha village. But many have not received compensation fcr such
damage, which is very inadequate anyway. This reflects an implementation gap as well as an
information gap where people were not informed that they could claim or that they were eligible fcr such
compensation.
8.5 Para 230 of ORC addresses compensation for Sand Cast Lands due to floods, cyclones at
the rate of Rs, 2,500/- per hectare subject to a maximum of Rs 5000/- per small farmer and Rs
3000/- per marginal farmer. Although this provision is there in the ORC, Go‘4. officials have net made
much of an effort to provide this crucial piece of information either at Pancnayat cr Gram Sabha ievel.
As a result, many have foregone this entitlement. This information gap exists as government has not
disclosed or declared this eligibility. Such has been the case in Ersama block of Jagatsinghpur. The
post-cyclone income-expenditure analysis in Pradhangheri does not include any such
assistance received, which implies that these provisions have not been implemented or people
have not been informed of their eligibility. This feature of the government not disclosing its
obligations is a withdrawal from its constitutional responsibilities to assure the implementation
of Art 39 of the Constitution - the right to adequate livelihood.
8.6This entitlement failure has impacted more on sharecroppers and marginal and small
farmers. The well-being analysis in the post-cyclone period reveals the shrinking of the sources of
income because of failure in livelihood restoration of agriculture. Category 3 of Pradhangheri village
which used to earn Rs 1050/- annually from the sale of paddy @ 3.5 bags per year at a distress
rate of Rs 300/- and Category 4 which used to get an income of Rs 1S00/- from sale of I bag of
paddy from cultivation and 5 bags from share cropping, no longer show this as a source of
income seven months after the cyclone. Category 3 of Pradhangheri v age. whose major source of
income is from sharecropping, have identified the urgent need for sweet water to desalinate lands for
agriculture in their problem analysis. According to them the more crops they grew, more is their share.
In the absence of this need being fulfilled, their food insecurity is increasing. The temporary
improvement in the well-being of categories 3 and 4 in the post-cyclone period is mainly due to
FFW intervention of NGOs. This is indicated by the reduction in the excess of expenditure over
income by Rs 713/- and Rs. 935/- respectively within a period of 7 months following the
supercyclone. Once that is withdrawn, what coping mechanisms will they be left with in the
delayed and inadeqaute long term restoration? Improvement in we!l-be:ng status is largely due to
the intervention of Acton Aid - BGVS’ FFW programme which covered them for 42 days in 7 months
time-period, LWS and Red Cross.
9.1 The ORC has provisions for entitlement transfers through Loans & Subsidies. Taqav. loans
are supposed to be disbursed by the Revenue Officers for purchase of seeds, bullocks,
fertilizers. According to the ORC, the Revenue Dept, must make budgetary provision for this.
For removal of sand, developing waterlogged area the Revenue Dept must make budgetary
provisions under the Land Improvement Loans Act, 1883 and for seed loan of maximum Rs
200/- and bullock loan at the price fixed for IRDP beneficiaries under Agriculturists Loan Act,
1884. The Land Improvement Loans Act, 1883 is an enabling provision which will afford
employment to the poor with assistance of free grants-in-aid from famine funds through the
above-mentioned activities. This set of rules also provides for the suspension of instalments
and interests by the Collector on proof of failure of crops from causes beyond the borrower’s
control. Taqavi loans are liberal advances made to small farmers and sometimes artisans, who
have no credit provisions for seeds, tilling support, other land development works in agricultural
revival of their lands. These are farmers who are not linked to Co-operative Societies or are not
bankable/credit-worthy. The amount depends on degree of distress.
9.1a The Famine Commission while dealing with the role of the State, observed that a wider
view may be taken of the responsibilities of the Govt., and its interest in the cultivator as a
citizen no less than as contributor to its revenue justifies it in promoting his industry. The Policy
of Taqavi Act should not be regarded as productive only but also as protective. It is upon the
protective aspects, especially we would insist... We are convinced there is more scope to and
need for further extension in its protective aspects on lines of greater liberality. (Natural
Disaster Management in National Development - An Indian Perspective. K.Rajan. Disaster
Mangement .Ed. Vinod K.Sharma IIPA 1994)
9.1b Inspite of provisions being laid down for credit support under Para 6 of the Code and the
Agriculturists Loan Act, small and marginal farmers, BPL women, weavers and artisans have
been sidelined . Para 6 of the Code under General Principles Regulating Relief Measures states When a major calamity occurs it becomes impossible for individual cultivators to take either preventive
or remedial measures by themselves. The State comes to their assistance ...by providing - (1)
adequate supply of credit for purchase of seeds, fertilizers, pesticides, bullocks, etc. (iv) Other aids in
the form of remission and suspension of collection of land revenue and collection of loans are also
given to cultivators with the same object in view. FEW programme cannot solve the problems of
long-term capacity transfer that can happen through credit and investment. The Poverty
Profiling Study points out the preference ranking of people in credit operations in the precyclone period . Relatives, traders, moneylenders, banks and co-operative societies are
preferred in that order in villages like Nimol, Ramtara, Noliasahi. This is because of the lack of
collateral security such as land which is a must for loans from co-operative societies, longer
periods of repayment, easier availability, low I lack of interest, no procedural delays as in banks.
However, in the post-cyclone period, the informal sources of credit have been destroyed leaving
the more vulnerable sections with no option but formal credit from banks and co-operative
societies. As these are outside their reach because of their poor endowment status, their
recovery pattern gets distorted in the long-run.
9.1c This is supported by the Lok Yojana exercise done with the villagers of Pradhangheri.
According to the vulnerability analysis of this village, the credit needs of the 3rd and 4th categories for
long term revival cannot be met due to lack of collateral security. The 3rd category which was earlier
able to mobilize loans from co-operative banks has lost its ability to do so now. The 4th
category whose indebtedness position, with informal moneylending sources, was always on the
increase even in the pre-cyclone period has been found to be even more after the cyclone. They
are forced to go to the local money lenders to meet their food requirements. The 4th category which is
even more vulnerable has also identified the provision of agricultural implements as a priority need as
they earn a bit from agriculture that meets their food needs for about a month. The non-replacement of
agricultural implements swept away in the cyclone has shrunk the income opportunities for this
category, thereby increasing food insecurity. Lack of formal credit opportunity for these groups to
fill up these gaps has made them vulnerable to indebtedness with moneylenders. This form of
indebtedness with can be taken to be a key indicator to differential recovery pattern. This is
indicated in the difference in the degree of recovery of the 2nd category which was able to
mobilize formal credit support from the Co-operative Bank as it was better endowed with
collaterals like land. This is indicated by its high increase in the income over expenditure from Rs
350/- in the pre-cyclone period to Rs. 5230/-. An increase of Rs 6000/- received in credit was used by
the members of 4th category to improve their food and social security position while categories 3 and 4
were deprived of similar opportunity for speedy recovery . This analysis proved that there was need to
plan for the livelihood restoration for each of the households in the 3rd and 4* categories as they were
more vulnerable. The inability of formal credit institutions to assist the more vulnerable reveals,
more than anything else, the failure of social banking, thus violating Art 39e - The Right to
Adequate Livelihood and Art 41 to Right to public assistance in situations of old age, sickness,
disability and other cases of undeserved want.
9.1d In Pradhangheri, in the pre-cyclone period, credit was sourced from the Krushak Mandal
which is a committee of 15 villagers and is formed by the All India Farmers Service Federation
(AKSS), an NGO receiving government grants. Of the 15 members, 14 women have received credit
support of Rs 2000/- each for restoration of agriculture after the cyclone. In prioritizing the importance of
the 11 institutions in their village on the basis of degree of access and control, this institution has been
listed in the 9th position because the villagers do not have any control over it. These loans have been
given to the women for their self-employment. Red Cross has assisted the Maa Kali Self Group,
another group of women with 39,000/- for livelihood. Again, the members do not have much control
over the Red Cross. This assistance was given very late. By that time, the members of Maa Kali Group
who had lost their savings in the cyclone had already diverted their housebuilding compensation to pay
off the principal amounts of their loans from the SHG. This was because they desperately wanted to
keep this coping system alive.
9.2 Credit provisions are linked to generation of self- employment and livelihood restoration.
The Swama Jayanti Gram Swaraj Yojana is a scheme providing entrepreneurial credit
assistance for small business groups who initiate entrepreneurial activities in three broad
sectors - Primary sector comprising of agriculture, poultry, dairy, land development, betel-farming; a
Tertiary sector which comprises services- like supporting technicians, mechanics; and small scale
industry like brick-making, agarbathi, dress-making, toy-making. This time although the target was to
supply 3000 cows in the affected areas of Jagatsingpur, due to scarcity of cattle, only 5CC-600 were
provided by August. A loan amount of Rs 50,000/- is provided under this scheme . For SC there is a
subsidy of Rs 10,000/-, i.e., they pay interest on Rs 40,000/- and for non-SC there is subsidy of Rs.
7500/-. In the year 1999-2000, 6000 swarajgaris have been supplied with loans in the cost-cyclone
period according to Mr. Surath Chandra Mallick, Add!. PD DRDA, Jagatsingpur.
9.2a In the post cyclone period, brick-making, poultry farming and tractor-support have been
three broad areas for SGSY support in the 8 blocks of Jagatsingpur. In some cases groups have
been supported and in others, individual. Support is in the form of milch cows, bullocks, shallow
tubewells, diesel pumpsets, support to rural artisans, poultry, tractor, agro-horticulture, and others like
brick-making, net and boat and betelvine. In the financial year 1999-2000, up to 31.3.2000 the physical
target for SGSY coverage for the 8 blocks of Jagatsingpur was 12,862. The total application sponsored
was 15,073. However, the number sanctioned was 7221out of which amounts were disbursed to
only 6193. (Information Sheet on Cyclone Damages vis-a-vis Progress of Restoration &
Rehabilitation in Jagatsingpur District DRDA Jagatsingpur. 28.04.2000)
9.2b However, it would be pertinent to observe that by March 2000 only 359 artisans ultimately
benefited from disbursement while the physical target was set to cover 1680 benexiaries. The
coverage is even less than the number sanctioned, i.e., 363. Similarly, poultry support was given only
to 74 persons even though a target had been set for 170. If these figures are compared with the support
given for milch cattle which is to 1622 members out of a target set for 1680, then the biases in
government programmes against small animal rearers becomes evident. Many vulnerable
people have got eliminated from assistance even while being eligible. Categories 3 and 4 of
Pradhangheri village are such examples. The income - expenditure analysis of Pradhanghen
village do not reveal any sign of help received by any of the categories through thei SJGSY
programme after 7 months from the supercyclone. However, the women in the Maa Kali Self
Help Group have been assisted with an amount of Rs 25,000/- under DWCRA after the Cyclone
for which the process had been initiated prior to it The Fact Finding Study conducted by CLAP
)
in 5 cyclone affected districts also reveals that these credit provisions have materialized
differentially. This is a violation of Art 15(3) and 15(4) and Art 39 and Art 41.
9.2c Where providing credit is concerned, the SC ST Finance Corporation gives subsidized
loans to these vulnerable sections that are chanellized through the OAIC. OLIC, OSFDC, and the
RRBs. The areas where it gives credit and subsidy must have at least 50% SC cr ST population. The
bankable schemes reach out to the areas beyond ITDA, MADA and Cluster to avoid duplication The
Corporation sources its funds from the National Scheduled Castes and Scheduled Tribes Finance
Development Corporation (NSFDC), National Safai Karmachari Finance Corporation and National
Minoroties Development Finance Corporation. According to the AGM of the Corporation, Debabrata
Das, credit support intended for the recovery of the SC ST populations have been stalled by the
attitudes of the judiciary and bureaucracy who have prevented the schemes from reaching the
needy in due time. Schemes for fuly subsidized diesel pumpsets which could have been given
in irrigation needy Supercyclone affected districts like Jagatsingpur, have been held up because
the bureaucracy in the area has so far failed to provide the list of Pani Panchayats and Farmers
Collectives with whom the assets are to be placed. In the case of tillage support, 7.29 crores
from NSFDC were placed with the Corporation in March 2000 to provide tillage support In the
form of 200 tractors and 100 power tillers. Although 76 beneficiaries have been sanctioned the
credit amount for tractors and 11 for the power tillers, money has not yet been disbursed,
although a year has passed since the Supercyclone. This is because one of the Companies,
Escort, has moved the High Court to take dealership of all 200 tractors while the government
wants to leave the choice of the tractor to the beneficiary. The High Court actually passed a
Stay Order. This has prevented the scheme from materializing, thus damaging the recovery of
the beneficiaries.
10.1 The Entitlement Failures For Non-farming community have been in the following areas:
10.1 Gaps between provisions for protection of livestock in the ORC provisions and
implementation. Para 214 deals with scarcity of fodder. It places responsJbility on the Collector to
ensure that provision for fodder is there when animals are encircled by high flood. Kunda may be
sanctioned in exceptional cases, not exceeding one kg per animal. The Director, Veterinary Services
& Animal Husbandry is responsible under para 220 of the code to provide veterinary services for
the prevention of cattle epidemics; necessary health squads to be got ready for treatment of cattle
diseases; stocking of adequate medicines prior to a disaster in the dispensaries.Animal health during
normalcy is an important aspect to food security. The Govt, under the Ninth Plan is supposed to open
Veterinary Dispensaries in the villages. According to the Govt, of Orissa’s White Paper, December
1999, the total number of cattle killed was 3,15,886 and the total number of small animals killed
was 3,16,372.
10.2 The modes of relief for fisherpeople and artisans have been mentioned under para 246 , of
the ORC providing for free grants for purchase of raw materials, tools and implements,
including boats or nets to fishermen, for repair to workshop or shed ; or giving of cash grants or
loans, without the modes of help being mutually exclusive. The financial assistance to fisherfolk
under ORC rules of 1995 to provide Rs 2000/- for building and repair of boats and Rs 1000/- for repair
of nets was upgraded after the Ganjam cyclone in October which preceded the Supercyclone. This
upgraded compensation amount was Rs 3000/- for boat repair and Rs 1500/- for net . A New
Indian Express newspaper report titled “Cyclone-hit Fishermen to get Relief at Last”, dated 27 Sept
2000, states that the Chief Minister in the meeting of the Cabinet Sub-Committtee Meeting on
Natural Calamity presided over by him, announced that the fishermen will be given assistance
as per tne Relief Code. According to its provisions, an affected fisherman will get Rs. 3000/- for
boat and Rs 1500/- for net...there has been inordinate delay in giving compensation to the
J
3
fishermen. Though a decision was taken by the State Govt, to adequately compensate the
fishermen last year, til! now not a single fisherman has got any compensation. Several cases
that were brought to the notice of the Jury in the Public Hearing organized by CLAP in
September also poirrt to these discrepancies. Along with fisherpeople, even weavers belonging
to weavers’ co-operative societies, inspite of their looms being insured with United India
Assurance, have been deprived of theuir rights. Schemes with the SC ST Finance Corporation
to support wavers for worksheds, modernization of looms are not reaching the people.
10.3 Fisher people’s recovery process has been stalled due to conflicting standards on equity based
funding between the Government and DFID. The Department for International Development (DFID)
of the UK had agree: :□ give financial assistance of Rs 43 crores for rehabilitation for inland fishermen.
According to the Ger. of Orissa’s White Paper, the total number of fishing boats damaged were 9085.
A Govt, proposal fro“ Fishery Dept, to provide infrastructural help to fisherpeople in the form of boats
was pending for a sarction with DFID because the Govt, had been unable to take a decision on the
principle of equity, according to Utpal Maitra, DFID - whether there should be individual targetting or
community approacr n providing livelihood implements like boats, nets. According to him, 30,000
marine fisher peopie are to be supported in this project. The project has been held up because DFID,
having gone through a certain process of consultation, has been insisting on a boat- lost-boat-gained
policy for rehabilitate-. The govt, however, has decided to stick to the equity norm because among the
fisher-people not eve- oody owns a boat. For instance, out of 5000 fisher families in Ersama, only 2000
have boats. Others -ave only nets. While the lowest beneficiary in the 43 crores projet is to get
subsidies of Rs IS.ZCC/- it will not cover the cost of a boat. As an alternative, boatless people have
decided to come tocerer in groups of four to avail a sum of Rs. 60,000/-. Mr. Maitra, while agreeing
individually to the cots position on this project, expressed his discomfort about DFID's rigidity.
According to him, fe problem is more aggravated because it is a rehabilitation project and not a
development one. r-ere, it must be pointed out that Bilaterals must work out proper rehabilitation
policies with acceptar’e standards.
10.4 A 2.5 crore DFID re^ilitation project has been decided upon for marine fisherfolk. While govt, will
support boats, DFID i give support for nets. As marine boat workers are not many in number and
apparently get gooc •‘♦ages, no need was felt for collective funding by DFID.Instead the individual would
be helped through a S-G framework. Around 2,500 SHGs were mentioned in the plan, having 10-20
members each. Out tie 2.5 crores, 2 crores would be used at the level of boat building, an activity
which provides for s“<:n-term income-transfer for carpenters. Delay in implmentation has again
affected the recovery of marineand inland fisherfolk violating Art 39.
11.1 Since the FFW is not sufficient to fulfill the employment requirements, normal period
programmes for e-oloyment generation must be activated during the distress period following
a disaster. The Gc«ememnt is bound by its statements in the Ninth Five Year Plan of the state
to deliver employment assurance capacities with the people. These normal period plans must
be activated fast to ensure food security to people. This has links with normal period readiness of
employment generaicn programmes. In Maharashtra, for example, the Employment Guarantee
Scheme (EGS) was mplemented to provide large scale continuous wage-employment to vulnerable
groups on a sustainec basis through developmental works in the villages during normal period. The
adequate provision tr work, their accessability for vulnerable sections are linked to their recovery
process.
11.2 The Employment Assurance Scheme and the Swama Jayanti Gram Swaraj Yojana (earlier
IRDP) are two empiofnent guarantee schemes which have been activated after the disaster.
Operation Black Board wtiich has scope for labour-intensive work was also activated. The EAS was
i
launched from 2.10.93 with the objective of providing assured gainful employment to all able-bodied adults
in rural areas who are in need of work but cannot find it during the lean agricultural season. The scheme
also aims at creation of economic infrastructure and durable community assets for sustainable empcyment.
The funding pattern envisages sharing of expenditure between the Centre and the State in the 'atio of
80:20 . The Central Govt, releases their share directly to the DRDAs. Intensified JRY (2nd strea~ sf JRY)
has been merged with EAS with effect from 1.1. 96. Consequently, no separate provision for hmsmed
JRY is necessary for the 9th Five Year Plan. The objective of the scheme Operation Black Bca~2 is to
provide buildings to the buildingless Primary schools and schools having thatched roofs at a un: cost of
Rs.1 lakh per building. 40% of the expenditure under this scheme is met out of non-JRY share uncer CBB
which is borne by the State Govt. The balance 60% represents JRY share with a sharing pattern o’ 20: 80
between the State Govt, and the Centra! Govt. (Ninth Plan Document, Government of Orissa)
In the post disaster scenario, the EAS has been used for labour intensive restoration activity like -ecuilcing
schools, roads, tanks. According to Mr. Mallick, Addl. PD, DRDA, Jagatsingpur, there has been an alctment
of 1 crore under EAS for each block. For restoration of schools alone there is an allotment of 6.5 cro“=s. The
BDOs will prepare and consolidate annual plan based on Different Sectoral Balance (Roads, Tanks and the
link) and submit to DRDA. The reconstruction amount for each school building was raised to Rs. So lakhs
per building. In the 1st phase, Mr. Mallick said, only 81 out of a target of 801 school buildings ha.e been
taken up. Inspite of these allocations, no such assistance has reached Pradhangheri village. Nc -ember
has got help employment through EAS cr SJGSY.
11.3However, none of the employment schemes have anything for the disabled which is a relation
of Art 15(3) and 15(4) which guarantees right to protective discrimination under the Constitution
and Art 39 - the right to adequate livelihood.
11.4 Livelihood restoration has been untimely, inadequate and selective, grossly discrimir.rory of
gender needs and non-farming communities. The impact has been mostly felt on the retarcadon of
the recovery processes of the most vulnerable groups in the community like women-’eaded
households, single women and children. This has been indicated by numerous Instances cf child
labour and trafficking as well as trafficking in women from scheduled caste and OBC households.
The se dehumanizing coping mechanisms indicate differential impact and recovery.
11.4a According to a study done by Centre for Child and Women Development and Forum -gainst
Child Exploitation, 4 affected districts of Jagatsingpur, Kendrapara, Puri and Ganjam most
these
children and women have SC caste names such as Behera, Bhoi, Pana, Kandra and Bank and others have
OBC titles like Parida, Dalai and Pradhan. Child labour and trafficking in children and women ha.e been
seen in Bathighar, Ramnagar, Jambu and Bijayanagar GPs of Mahkalpada block of Kendrapara dscict as
well as its Rajnagar block; in Ersama. Kujanga and Balikuda blocks of Jagatsingpur district; in Nrapada,
Kakatpur, Astarang and Gop in Puri district, in Rangeilunda and Chhatrapur blocks of Ganjam. Acco'ting to
Mahendra Parida, Secretary of CCWD. while it has bee.n natural for children to help their paents in
restoration, in 8 GPs of Jagatsingpur such as Padampur, Japa, Gadakujanga, Ambiki.. Gada,
Gadaharishpur, the problem of poverty has become very acute. Parents are forcing children to go a“C work
in prawn culture farms of Surya Udyog and the likes.
11.4b Child trafficking cases have been observed in Japa and in Astarang of Puri disrict If
educational centers are not revived and the livelihoods of vulnerable households, especiaihy those
that are women-headed, SC and OBC are not given sufficient attention and boost, these deblitating
trends will continue. While this definitely calls for greater efforts on the side of the Govt, and NGOs,
it exposes the unpreparedness, and biases within the delivery mechanisms of both govt, and other
service providers. These cases establish total entitlement failure for Scheduled caste communities,
women-headed households and children from BPL families. They represent human rights violatons as
«
their Right to adequate means of livelihood assured under Art 39 is violated and Right to protective
discrimination under Art 15(3) and Art 15(4) is violated. Art 38(2) of the Constitution which states
that the State shall reduce economic disparities and inequalities in opportunities, status and
facilities is also violated. Arts 23 and 24 which guarantee Right against Exploitation are violated.
Bonded Labour System (Abolition ) Act, I960, Suppression of Immoral Trafficking Act, Bcr-ded
Labour(Abolition) Act, , and the Orissa Child Labour (Prohibition & Regulation) Rules, 1994 are also
violated. The rights assured under the UN Convention on Rights of the Child are violated. Directives
to the State under Art 45 to provide free education to all children from 0-14 years which can prevent
children have been neglected.
12.1 To prevent these implementation lapses, there is a need to make al! provisions related to food
security, in the different time periods of preparedness, emergency response, relief
and
rehabilitation, statutory. This is a necessary step for mitigating the impact of disasters and to secure
rights under Art 21, Art 39 and Art 41. At this point it become essential to carve out a Disaster Mitgabon
Policy which will address standards of humanitarian assistance in normal period development, re er and
rehabilitation. The Minimum standards of entitlements - time, quantum, quality, culture, tecnncogy
standards of services by which livelihood options of different vocational groups, women and men may be
identified and restored. This restoration should be based on informed choices and specific targeerg of
vulnerable women and households frem the marginalized sections.
POLICY GAPS
1.1 Art 38(2) of the Constitution which states that the State shall reduce economic disparities
and inequalities in opportunities, status and facilities. Art. 39 in the Directive Principles of
State Policy is an affirmative policy which lays down certain principles of policy to be
followed by the State to secure (a) that the citizens, men and women, equally, have the right
to an adequate means to livelihood (b) that ownership and control of material resources be
decentralized and distributed. It gives directions to the state to assure livelihood assets of
the poor.
1.1a Both Art 38(2) and Art 39 have been violated as the ORC provisions do not create equal
opportunities for recovery from food insecurity for men and women, for farm and non-farm,
for dalit and non-dalit, for landed and landless, for migrants and non-migrants, for ablebodied and physically challenged. This is evidenced in the different time periods of
preparedness, relief and rehabilitation.
2.1 Food stocking prior to a disaster does not take into account the areas where dal its,
migrants, refugees, and women and children, aged and disabled may have easy access.
“Who to Feed’ during relief should be based on laws of protective discrimination and food
movement during relief should not only address how many tonnes of food was brought into
the area, but how much actually reached the inaccessible areas and unreached people. This
will bridge the ‘protection’ gap.
2.1a Food Insurance Systems should be addressed with a clear procurement policy of the Govt,
with mechanisms laid down for both Govt and Ngos in capacitating the vulnerable communities :o gain
command over Public Distribution System, especially women and daiits. Procurement plans should
be clearly laid in place so that dependance on the market can be avoided. Markets, as such,
have never been known to respond to famines positively, if one takes into account the history of
famines and market response. Leaving food matters to the market has proved disastrous in
Bangladesh, Ireland, Wollo, Orissa famine of 1865-6, Gujarat - 1812. Market has always responded to
entitlement and not need, to demand backed by purchasing power and not demand per se.(Poverty &
Famines, The Amartya Sen and Jean Dreze Omnibus) Movement of food is always towards money.
Therefore, the need to have ready food stocks at points where women, children, aged, disabled from
dalit and other BPL communities can access and a pre- planned procurement policy.
2.1b Our Procurement policy is very dependant on External Food Aid. Building regional
linkages between the PDS of various districts and even neighbouring states in a planned
manner could be thought of. This would enable some reserve stocks being kept aside in the
vulnerable time periods to be lifted/diverted immediately in an emergency in any of the regions.
The procurement policy - internal, international or local PDS - to meet likely food shortage
should be clearly decided beforehand by the govt. Procurement may be effected by purchases on
the open market; monopoly procurement of the entire marketable surplus; or requisitioning stocks held
by producers, traders, or millers at fixed procurement prices. Govts will have to consider the positive
and negative effects of internal procurement (price rises, hoarding, market disturbance,etc.) as against
International Food Aid which does not depend on markets.
2.1c PDS management policy should be changed and ownership handed over to prepared
community. An alternative PDS through Community Grain Fund was initiated in 1994 and is
being collectively managed by women in thirty villages around Zaheerabad in Andhra Pradesh,
facilitated by the Deccan Development Society. Here, women-headed households manage the PDS
systems.... They ration the amount, quality and the price of the foodgrains in a manner wherein their
own produced indigenous food grains are not priced out of the market. They ensure that the food grown
by them is part of PDS and PDS rice is not cheaper than what they sell. It has helped to re-establish
women’s control over food distribution, at the same time mobilizing resources and technology for
sustainable and cost-effective farming and seed and grain-saving....The women sanghams influenced
the Ministry of Rural Development to approve an Alternative Public Distribution System ... Each of them
identified 100 acres of fallows in their village belonging mainly to marginal farmers. The required
amount was advanced over a three year period to the farmers fro supporting expenditure on ploughing,
manuring,sowing and weeding. The proceeds from the sale of the Grain were deposited in a bank as
the Community Grain Fund . The money was utilised every year to reclaim more fallow land in their
villages. The food security net could thus be cast wider and wider. Through this alternative PDS, which
required only a one-time expenditure on the part of the govt., the women brought over 1000hectares of
fallows under the plough., producing nearly 3 million extra meals inn 30 villages.(Women Manage An
Alternative Public Distribution System . P.V. Satheesh, Exchanges, Issue NO.23, Action Aid )
2.1 d While this experiment is from a dryland farming area, there are learning experiences on selfreliance and empowerment of poor women farmers for the communities in coastal regions. They may
organize themselves to negotiate with Govt. Depts to take over the control and management of the
PDS in a manner that befits the food security situation in their own villages. Govt, should also
consider handing over PDS to mobilized communities with necessary financial support in the
beginning. The NGOs also have a big role to play in bringing together the vulnerable in a
community for collective mechanisms to ensure their food security. This experience also has
some answers to the concern regarding intra-household food distribution which goes against
women and children.
2.1e Defective procurement policy of the government where food aid standards violate the
Sphere standards of humanitarian assistance further distorts food security position. According
to these standards the quantity and type of food, should commensurate with nutritional standards set by
the World Identification of people’s own food and income sources and assessment of WHO. However,
the Corn Soya Blend being given by CARE and US Aid is genetically engineered and is not considered
edible in the country from where it is procured. The Food Rights Campaign in the State has 'protested
against cyclone affected victims being used as guinea pigs.
2.1f NGOs & INGOs should develop contingency plans for ensuring food security. Thus their
procurement policies for lifting foodgrains, material components for FPW programmes should
be pre-sourced. They should have directories of where they are available, local godowns and
storage spaces. They should also have a financial plan to assist the community in placing loss
sharing systems in place such as credit and insurance provisions for the more vulnerable
sections.
2.2 The State Level Disaster Mitigation Policy should stress on the creation and pre
identification of adequate storage infrastructure where foodgrains and other essential
commodities may be stored before the disaster so as to reduce response time. While some of these
arrangements can be in the identified vulnerable areas, they need to be supported by storage
infrastructure at the Block level, as in the case of Bangladesh.
2.3 A Disaster Mitigation Policy should lay down strict market controlling measures in an emergency
and restoration phase. There should be Standing Orders to Collectors to use the Essential
Commodities Act as soon as they receive Early Warnings. This will be to ensure against hoarding
and inflation.
3.1 Food security is closely related to the change in copping patterns. The Participatory Poverty
Profiling and Need Assessment Study done in Ersama and Balikuda blocks of Jagatsingpur
district identifies certain changes in cropping patterns which have destroyed traditional coping
mechanisms against food insecurity. There has been a shift from staple crops to cash crops such as
cashew, betelvine, sugar cane, ground nut and prawn. While these are attractive in terms of their
potential income, when natural disaster strikes, the traditional food provisions would have been a big
help. There is also a shift off the land into a wage earning existence. In Badakula village ;mandia’
cultivation was widespread in the early 1980s. People stopped cultivating and started wage
employment and bought rice for consumption. In this way they lost control over their food security .
These trends have created differential impact of the disaster on the new wage-earning sections. Since
the cyclone, some people have acquired mandia seeds for sowing. Differential recovery patterns for
small farmers are indicated by their downward trend to wage employment which has forced their
reliance on the market . A Disaster Mitigation Policy should address the need to revive and
strengthen traditional cropping patterns that were more resilient against coastal calamities.
Preparedness measures should involve further study on identifying and promoting these
traditional cropping patterns, seed storage and dissemination, and the impact of the New
Agricultural Policy.
4.1 Where time standards are concerned, the ORC does not lay down the time period by which
emergent relief should reach people, except by saying that it should be immediate. There is
nothing to bind the govt, to provide food the day after the disaster. In some places people received
emergent relief after 4 days while in others after 9. The villagers of Pradhangheri have pointed out
that in the first week of the supercyclone, they survived only on tender coconuts. Relief was
provided by various agencies only after 7 days.
4.2 The delivery systems for Food relief should be pre-planned by the government and the NGOs
and other service providers. These delivery units/institutions should be prepared with storage
infrastructure, transport facilities, trained in stock-keeping, and more than anything else, should
f\
be sensitized to aspects of vulnerability. Specific food and drinking water packages to reach
vulnerable households that are women-headed, aged-headed, dalit and migrant, should be brought into
the planning of food relief by all service providers. Similarly, individual food packages should be
prepared for groups with special diet requirements such as infants, primary school children, expectant
and nursing mothers, or those who are aged and physically challenged and cannot que up for relief.
Panchayats should be strengthened with the right infrastructure and values/attitudes to reach the most
vulnerable. According to the Panchayat Raj Secretary, the Sarpanch has been empowered to give relief
for 10 days . If effectively used, this cower can help prevent starvation death. The OSDMA and the
NGO sector have a big role to play in developing the Panchayats so as to quicken response
time, to fulfill constitutional provisions of protective discrimination under Art 15(3) and Art 15(4)
and to implement the Laws on Local elf-Governance. According to Saroj Jha, UN House II,
institutions like the schools, youth clubs and the ICDS, should be strengthened to reach the
more needy households and individuals.
4.3 Relief distribution and Rehabilitation process should be sensitive to the needs of the aged,
and disabled, children and women. The Participatory Poverty Profiling and Need Assessment
Study points out that the old and children had a lot of difficulties in coping with the emergency.
In many places people had to stand in que to get relief after travelling long distances . People from Era
waited fro 18 hours at Sadeipur, 7 kms from the village, to get relief materials from the Sarpanch who
received it from the Block HQ at Balikuda. Such a process of relief ditribution is traumatizing even for a
young person. Accessing relief is as such difficult for senior citizens. It would be inhuman for an aged
or disabled person to que up for so many hours. Many of them got marginalized in the process.
4.3a The Study cites the case of Niranjan Das of Gobindpur village, a 70 year old who lost his
livelihood with the destruction of his betel vine cultivation during the cyclone. His house, coconut
trees and fowls are also lost. He virtually lived without food for four days after the cyclone. Relief
came to his village on the fifth day. dll the day of the study he continued to be sidelined by relief.
Therefore, individual targeting is necessary by government’s relief distributors and Ngos. The uncared
aged should be a primary focus during rehabilitation as they have nobody to fall back on; nor
can they earn a livelihood for themselves. Old age pension ought to be increased and the role
of the community institutions is very crucial here for their every day care and community based
rehabilitation. This is necessary to secure their rights under Art 21 and Art 41 of the Constituion.
5.1 The exclusion from Gratuitous relief of those covered by social security schemes such as
widows, and other pensioners violates Art 16, the right to non-discrimination and Art 41, the
right to public assistance under undeserved want. It excludes old and young widows, the aged
from Gratuitous Relief when the pension amount is only Rs.100/-. Laws on protective
discrimination are also violated.
6.1 The able-bodied criteria of FFW norms violates Art 41 of the constitution under which the state
shall secure the right to work, to education, to public assistance in cases of unemployment, old age,
sickness and disablement and in other cases of 'undeserved want’. It also violates Art 15(3) and Art
15(4) Right to protective discrimination as there is no specific targeting of women-headed
households/destitutes in FFW . There is no FFW work option for the disabled as the able-bodied
criteria excludes them. This violates Art 14 the Right to Non-Discrimination and The Persons
With Disabilities(Equal Opportunities) Act, 1995 . FFW for disabled should be provided for in order
to ensure their dignity and capacity for self-help. There is no protective discrimination norm for
women, SC, OBC, although landless labour & small farmers find inclusion under FFW. Artisans
are also discriminated in the present ^^W framework as skill-based FFW for is absent. FFW
needs to have atleast 30% involvement by women and aleast 5% by disabled.
1>
6.2 There are no quality or quantity norms laid down in the FFW programme. In order to preserve
the dignity of disaster victims, quantity and quality standards of food components should be
developed. They should be able to fulfill minimum calorie and nutrition based requirements.
Action Aid in its Norms of Humanitarian Assistance has laid down that the moisture, refraction and
broken percentage shall not exceed 14%, 1% and 15% respectively. As regarding the quantity of the
food basket, atleast 25 kgs of rice, 5 kgs of pulses and 2 ltrs of oil per month was suggested as a
quantum standard, in the Workshop on Humanitarian Standards of Assistance organized by UN House
II. This could be accepted as a standard norm by all NGOs. It was also suggested that some
component of FFW payment should be in cash so that people may buy other essential things. This
could be fixed at the Minimum Wage minus the monetised value of 25 kgs rice, 5 kgs pulses and 2 ltrs
of oil.
6.3 The Disaster Mitigation Policy should stress the norm of increasing wage rates against Food
For Work when a calamity situation is declared in an area. Or as suggested by the Special Relief
Commissioner, Ajit Tripathy, in a workshop on Standards of Humanitarian Assistance, the wage rates
can be increased to four times the normal rate as an incentive for work rather than giving food for free.
This would ensure self-respect rather than charity. This can gradually be tapered down as people
regain their capacities. However, wage rate at all time periods should must commensurate with
Consumer Price Index, and should ensure comfort level of existence. For this Minimum Wage Act
needs to be modified.
7.1 Within government policy, the aim of livelihood restoration has been to take the individual or
household back to the status they enjoyed before the disaster. This reversal to status quo ante
is problematic as it does not solve the problem of poverty which was responsible for differential
impact in the first place. Nor does it solve the problem of differential access and control over existing
infrastructures and institutions that existed due to factors of gender inequality, caste, class, ethnicity,
disability, age and singleness. In order to reduce differential impact of disasters in the future, the well
being status of categories like 3, 4 and 5 of Pradhangheri village ought to be improved beyond what
their pre-disaster status situation was. But the Code talks only in terms of alleviation or amelioration; it
does not address elimination of poverty.
8.1 Since policy is silent on what livelihood- building capacities will be restored by the govt, for
non-farm communities and in what time frame, the recovery processes are delayed and
differential for fisherfolk, animal rearers, artisans like weavers, carpenters, potters and others.
So, livelihood restoration of non-farm communities is yet another area of entitlement failure The lack of
provisions for animal rearing non-farm communities violates Art 39 - Right to livelihood. The
recovery opportunities are thus diminished especially for small animal rearers of poultry, goatery. There
are many women, dalits and also small farmers in this category. The case study of Pradhangheri
village also shows the greater dependance of categories 3, 4 and 5 on incomes from selling of milk,
incomes from poultry and fish prior to the cyclone.
8.2 Livelihood restoration of women in fishing, animal rearing, fanning activity have not been
covered under livelihood restoration. Restoration process has been oblivious of recovery
opportunities for women. Their access to material support and credit are reduced in the
absence of clear policy. However, this form of restoration in this 43 crore project has completely
sidelined women in the fisherfolk community. This reflects very badly on the gender-equity norms of
both Govt and DFID rehabilitation policy. Art. 39 in the Directive Principles of State Policy is an
affirmative policy which lays down certain principles of policy to be followed by the State to
secure (a) that the citizens, men and women, equally, have the right to an adequate means to
livelihood . Art 14 affirms the Right to Non-discrimination and Art 19 the Right to Equality. Both
are violated. Orissa Relief Code has no mention of restoration of livelihood opportunities for women as
✓ A
a category. Although women from fishing communities do not go out to sea because of the constraints
of socialization, they are involved in many other fishing activities such as dry fish preparation, sorting,
cleaning, packing and local marketing. Even though fishing households may be covered, we need to
address intra-household distribution of entitlements and protections, looking at the patriarchal
character of our society and to ensure that women have food command within the house. For
this it is not enough to focus on their health and nutrition through feeding programmes but to tackle
head on, entrepreneurial activities that will ensure the ownership of endowments such as cattle,
income-transfers, purchasing powers and skills and strengths to have control over both.
8.2a Women have not been explicitly stated as a beneficiary group under the restoration
programme in ORC. Lack of clear eligibility criteria leads to marginalisation in entitlements. A
Rehabilitation policy should identify women as primary stakeholders for whom recovery is
slower as such because of inherent biases within community, within governance and existing
social policy. Very clear standards of assistance should be laid down for women in the different
vocational groups in the farming and non-farming communities. Government, NGOs, INGOs and
Bilaterals should earmark a certain percentage of their funds for non-farm community support,
and within that for women.
8.3 Inadequate social/livelihood insurance, especially for non-farm communities: where shock
absorbing systems like animal insurance, animal replacement have not been set in place.
Rehabilitation Policy that intends to mitigate the impact of disasters should address the
Replacement of Livestock for animal rearers. Since animal husbandry is mainly a primary
livelihood base for women-headed households and poor farmers, dalits, landless, food
insurance systems for cattle and other smaller animals should be laid down by the community.
I he ORC has no provisions for replacement of lost livestock or any means of supplementing their loss
as there is in Bangladesh.
8.4 We identify some of the key standing orders for the Ministry of Agriculture, Bangladesh.
During normalcy, preparations are to be made to receive seeds, seedlings, fertilizers and agricultural
implements by the people in disaster prone areas under loan/grant. Arrangements are made to keep
stocks of seeds, fertilizers and insecticides, and the seeds are those that are suitable for the
disaster prone areas. Arrangements are to be done for seedling beds according to season and kept
in stock near the disaster prone areas. High lands for seedlings beds are to be identified.
Arrangements are made for power tillers at Thana Head Quarters of the Disaster Prone areas to
meet emergency requirements of land cultivation. Various levels of officers are trained in cyclone
preparedness activities; all essential commodities are stocked at places convenient for quickest
distribution without any loss of time. During rehabilitation stage, it ensures the proper use of all
aid/assistance and loans to farmers. A Thana Agricultural Loan Committee to determine the
necessity of crop loans and receipt of the same is to be ensured by the Agricultural Extension
Directorate.
8.5 Yet another policy gap in the ORC is that it has no scope for long-term livelihood restoration of
the non-artisan landless, i.e., agriculture and construction labour. There is nothing for them
beyond FEW. No provisions exist for their skill training or skill upgradation or mechanisms by which
they may acquire ownership over assets that will assist them in recovery and well-being. This is a
violation of Art 39 and 47, Directive Principles of State Policy of the Constittution of India. The
former gives directives to the state to secure adequate livelihood for men and women and the
latter lays down that the state must also regard among its ‘primary duties’, the raising of the
level of nutrition and the standard of living of its people and the improvement of public health.
Govt, cannot ignore the livelihood concerns of vulnerable communities in a situation of
‘undeserved want’ as per Art 41 which also stands violated.
n
Ti
8.6 This is corroborated by the apprehensions of food insecurity expressed by categories 3 & .4 of
Pradhangheri village who are more vulnerable.. For the 4th group, daily wage constitutes the
main source of livelihood and for the 3rd, it is the second principal source of income. They have
categorized their problem areas in livelihood restoration. The lack of long-term employment
opportunities thus constitutes the number one problem for both the groups, even 8 months after the
cyclone.
8.7 ORC does not take into account the different categories of labour in its livelihood restoration
programme. As a result of which the highly-skilled, skilled, semi-skilled and unskilled, the four different
categories in the Minimum Wage Act are treated at par with a uniform wage rate.
8.8 The Minimum Wages Act, 1948, is an Act for doing social justice to workmen employed in
scheduled employments by prescribing minimum rate of wages for them and to obviate chances of
exploitation of labour. This applies to unorganized labour. Minimum wage fulfills in part at least the
obligations of the state under the Directive Principles of State Policy. Wage can be categoried again
into basic minimum wage which provides bare subsistence at poverty line, fair wage which is a little
above the poverty line, and the living wage which is at comfort level. Yet another view is that Minimum
wage should not just be maintenance’ wage providing bare physical survival, worker’s sustenance and
that of his family but should also preserve his efficiency as a worker. This norm of upgrading the wage
to comfort level should be rormalised during rehabilitation as normal wage for well-being. The Minimum
Wage Act which specifies Rs40/- as the minimum wage rate does not specify the factors to be
taken into consideration in computing the cost of living index or the Consumer Price Index.. The
price of essential commodities is the principal factor if not the only one relevant for the purpose
of fixing the cost of living index number. Although the Minimum Wage is not adequate for
comfort level living, it should be the minimum offered. If during relief people are paid lower than
Minimum Wages then the court considers it forced labour, which is a punishable offence.
(Sanjit Ray V State of Rajasthan, AIR 83 SC 328)
9.1 ORC does not address long-term mitigation of food insecurity impact of disasters on women,
children, destitutes, aged, small farmers and non-farming communities. For this there is need to
have greater focus on investing in people's infrastructural capacities, their assets, institutional
mechanisms for decision-making, planning, managing and monitoring and their knowledge systems and
coping mechanisms.
9.1a The livelihood restoration policy in the ORC does not address the rights for cultivable land
for post-disaster settlement but only homestead land. This violates Art. 17 of the United Nations
Human Rights Declaration says: (1) Everyone has the right to own property alone as well as in
association with others (2) No one shall be arbitrarily deprived of his property. It also violates the
Orissa Land Reform Act. Para 51 of the Orissa Land Reform Act, 1960 This states under the
Settlement of Surplus Lands that 75% of the surplus lands shall be settled with persons belonging to
the SC & ST categories in proportion to their respective populations in the villages in which the lands
are situated. 51(2) of the Act also lays down the main categories under which land settlement for non
cultivation purposes may be done : (a) Co-operative farming societies formed by landless agricultural
labourers (b) raiyats who personally cultivate not more than 1 standard acre of contiguous land.
9.1b What are the commitments of the state vis-a-vis land reforms in the Ninth Five Year Plan of the
State land reform measures are sought through abolition of intermediary tenures, regulation of rent and
security of tenures to tenants/sharecroppers, conferring of ownership rights on tillers, imposition of ceiling
on land holdings, distribution of ceiling surplus land, consolidation of agricultural holdings and updating of
land records through survey and settlement operations. The outlays proposed for 9,h plan and provided for
<\
the Annual plan, 1997-98 under Land reforms are Rs. 9734.00 lakh and Rs. 2115.49 lakh respectively.
This shows that land reforms is actually a budgeted head of the state.
9.1c As regards the implementation of Ceiling Law, the Ninth Plan states that ceiling surplus land is being
allotted to the landless persons of the state at the rate of 0.7 standard acre free of salami. In order to
enable the allottees to develop the assigned ceiling surplus land, financial assistance at the rate of Rs
2,500/- per hectare is being given under this scheme.
9.1d However these land reform measures do not reveal any district wise categorization, nor do they
reveal whether women were benefitted through the reforms. What remains to be found out is whether
the rights have been changed only on paper or the beneficiaries have actually taken possession of their
land. It is a known fact there is much resistance from male and upper caste communities as well as the
administration towards land rights of women and dalits. In Balijori village of Baramunduli GP,
Balikuda Block, district Jagatsingpur, there are 50 Scheduled Caste households comprising
90% of the inhabitants. The rest 10% comprises of OBC. Out of these 50 SC households, only 31
have Record of Right over their land. A major concern in the area is that 300 acres of Patta land
is under the illegal possession of a few influential people for prawn cultivation. (Jagatsingpur
Update. Super Cyclone Social Reconstruction Project. Action Aid India & BGVS. 1 - 31st July
2000)
9.1e The Orissa Disaster Mitigation Mission had undertaken an exhaustive survey in May-June
2000 of the most vulnerable families in the aftermath of the Oct 1999 Supercyclone. The survey
identified 4090 most vulnerable families in 81 gram panchayts in 14 blocks of the districts of
Jagatsingpur, Kendrapada, Bhadrak, Puri and Ganjam. Some key findings that were circulated by
the members of ODMM can be cited here to understand the food security scenario as it was after more
than 8 months of the Supercyclone. Five-six most vulnerable families were selected from each village,
with a total of 50-55 most vulnerable households from each GP, whose vulnerability was authenticated
by the Pallisabha. A majority of these vulnerable households were women - headed. As per this
study, all the vulnerable households identified were suffering from acute food insecurity. Of the
surveyed population 60% were landless and 30% were marginal farmers. 5% of the households
surveyed, especially the physically handicapped and older persons are in a similar situation
equivalent to starvation. As per the survey, about 20% of the vulnerable households have not been
listed in the BPL list prepared by the Govt. No rehabilitation programmes had reached out to them
either from the Govt, or from Non-govt. agencies. This shows that there are links between
landlessness, gender, disability and general exclusion from public relief and rehabilitation assistance.
9.1 f These are small examples of a larger experience of land alienation which has been responsible for
starvation of the above mentioned communities. The land reforms intent of the State should be read
with the Orissa Land Reforms Act in order to understand the land entitlements of the weaker sections. If
redistribution has not been effective, then it is a failure of the social policy of the state.
Mitigating starvation impact of disasters on the poorer sections and reducing differential impact
and recovery will mean taking the land rights of women, especially widows, single women,
divorcees and dalits, refugees and disabled should be given priority for food security both
during normal period preparedness and rehabilitation.
9.1g A Disaster Mitigation Policy should thus stress on the implementation of the Orissa Land
Ceiling Act and Land Reforms Act so that the vulnerable may be endowed with shock absorbing
assets. There is need to frame a proper Rehabilitation Policy for Flood and Cyclone Affected
Victims which will address their ownership over land, animals, boats, nets, art and craft
instruments and other means of production, scope for skill-building, credit and subsidies.
There should be a conscious policy focus on women in the various farm and non-farm
vocational groups so that it influences targeting and programme design. This should be the aim
of both government and NGOs. The absence of such a policy prevents the achievement of the
principles stated in Art 39, Art 41 and Art 47 of the Constitution.
9.2 Access to common property resources, in this context, can be important in ensuring food
security during times of food stress for the landless poor. The Disaster Mitigation Policy should
emphasize on usufruct rights of landless and BPL over commons. According to the Participatory
Poverty Profiling Study, fish, fruits and livestock that roam freely can provide some sustenance when
normal food sources are not available. However, the flip side here is that most of the CPRs in the
coastal regions have been encroached upon and very little remains for use by the marginalized.
10.1There is need for a Relief Provision Act so that relief from disaster induced distress is
looked upon as a right. The Orissa Relief Code does not permit the involvement of the risk/lossbearer in the process of relief distribution. The Relief Provision Act should be based on
participatory norms where relief distribution of food and other essentials are managed by relief
committees formed by the vulnerable, and who are sensitized to values of protective discrimination
assured under Art 15(3) and Art 15(4). This will ensure that dalits and women, disabled, aged, children
and others from vulnerable socio-economic backgrounds are not marginalized in relief administration.
Also, that specific diet needs of each of these groups are met.
11.1 A Disaster Mitigation Policy should lay down (a) standards of entitlements and (b) standards of
service that must be humanitarian and based on international Sphere standards for food
security. The non-detailing of standards will expose the vulnerable to activities prohibited under
Art 23. (Right against Exploitation)
11.1 ORC does not lay down a time standard by which FFW should be initiated after which it
becomes a violation. Not setting time standards breaks norms of humanitarian assistance as it forces
people into survival strategies. It also impedes recovery process for the vulnerable groups dependant
on FFW for capacity and short-term income transfer. The Govt.’s FFW was initiated as late as May
2000 in Jagatsingpur. In the Workshop on Humanitarian Standards of Assistance organized by UN
House II, it was suggested that FFW should start within a week of the calamity. FFW for relief
should be distinct from FFW for rehabilitation. The former can involve immediate cleaning of the village
environment, restoring drinking water sources. Rebuilding of individual and community assets like
houses, reclamation of land, cleaning of ponds, irrigation facilities, road construction, community ponds,
community hall/school, tree plantations may be considered under rehabilitation work.
>
11.1a The quantum standards of compensations for different kinds of farm and non- farm
damages should be raised to real prices. The time period of deliverence of all compensations
and social security must be clearly mentioned. The quantum of compensation for different kinds
of crop damages and damages to non-farm livelihood implements have to be seriously
addressed according to real prices. If the amount is inadequate, then it will be diverted to other
activities.
11.2a Para 249 & 250 of the ORC states that weavers and artisans can be helped under the
Agriculturists Loan Act 1884 or Special Rules there under for subsidised loans (but the rules to this
act say that one can get a loan under it only if one owns land or if they are members of Co-operative
Societies to re-establish themselves in their arts & crafts. If they are not members of cooperative
societies, then the govt, may give them some free grants so as to enable them to become members of
the Co-operatives and derive benefit from such societies. But the nature of these grants have not
)
been spelt out. This shows lack of entitlement standards which puts in jeopardy the
opportunities for recovery.
11.2b A newspaper report (Oct. 30 2000) in the New Indian Express carries the Chief Minister’s
statement on the review of the Textile and Handloom Department at the State Secretariat. As
many as 22,020 weavers were affected in the supercyclone. Of these, 2250 were fully affected and
19,770 were partially affected. According to the Chief Minister the Centre had released Rs 2.55 crore
to cover the 2250 weavers for construction of workshed, supply of looms, accessories and margin
money for seeking bank loan. Of these 1512 weavers were found to be eligible for financial assistance
from the Govt. The review revealed that Rs 2.25 crore had already been paid to 1500 weavers. A
decision was taken to pay the compensation money to the remaining 12 weavers, as well as to
strengthen the weavers co-operative societies such a s Sambalpuri Bastralaya. A major problem
revealed here is that there is total marginalisation of all weavers who are not credit-worthy in the
eyes of the govt. Provision of credit opportunities is a line of defence for the disaster-affected to
recover and mobilize well-being . Since recovery opportuinities are not the same, there will be
slower recovery for those deprived of credit.. In Pradhangheri the two weaver families fall into
this category. This deprivation is a violation of the directives to the state to secure Art 41,
Right to public assistance in situations of undeserved want and Art 39 - Right to adequate
livelihood.
4
11.3 A set of uniform standards among NGOs regarding the nature and time of assistance to be
given to the various vulnerable sections for food security in the different time periods is
absent .This reduces their accountability to people and also jeopardizes people’s chances for a speedy
recovery. For instance, the food component of the FFW package differs from ere NGO to another. In
other cases, NGOs and INGOs have promised agricultural or credit which has either not materialized at
all or have been untimely provided.Time lapse is not just time lapse. It is violation of human rights when
it concerns people’s right to life and livelihood. Thus time, quantity and quality standards of assistance,
keeping in mind humanitarian objectives of protecting the dignity and culture of the victim and the need
for speedy response, should be developed by the NGO sector.
12.1 Livelihood restoration has not really grounded itself because standards of risk-sharing
beyond the relief period are not well carved out. In order to develop a base for a State level
Rehabilitation Policy for Disaster Affected Persons, we may turn for some insights to the
‘National Policy for Development- Induced -Displacement and Rehabilitation of Persons
Displaced as a Consequence of Acquisition of Land’. This comprises a GOI's Draft, 1994 as well as
a Citizen’s Draft, 1995. Both the drafts address the need for technical education & training to the
displaced persons, promotion of independent entrepreneurship and self-employment schools
which can be started. They also advocate the creation of an Employment Cell which will act as a
forum for procuring loans from financial institutions to the displaced persons for self- employment and
arrange for suitable technical advice and guidance for self- employment. They a so address the crucial
need to encourage displaced persons and project affected persons to oganise themselves into
co-operative societies based upon their skills and functioning. Areas of work w\l need to be identified
and reserved for the co-operatives. The Project authorities should help the co-coeratives in procuring
finance, management, acquisition of skill and other allied subjects. Similarities can be drawn between
rehabilitation for development induced displacement and that of disaster-induced displacement. The
Rehabilitation Policy for Disaster Affected Persons should have clear areas of role division and co
operation between government and the NGO sector.
<
12.2 According to AGM, SC ST Finance Corporation, Debabrata Das, the eligibility criteria to avail
the loan shemes either eliminate the really needy to avail or push them into a debt trap with very
high rates of interest even before they avail these loans. Eligibility criteria ;:ke annual incomes of
r
(
C
42,000/-, mortgage equivalent to the value of the total unit cost, plus ability to pay a promoter’s
contribution of 3% to 5%, and repayment within 5 years through 20 instalments, has prevented the
most vulnerable from accessing these schemes. The poor recovery rate of these loans prove that the
beneficiaries are under pressure, paying high rate of interest elsewhere. Cases of benami transfers
have also been observed where general caste persons, mainly land owners are trying to avail the
benefits of subsidized powertillers and tractors by using the names of their SC ST farm labourers or
sharecroppers. There is thus a need to change these eligibility criteria and to involve community
institutions to identify the really vulnerable .
12.2a Apart from the finance received from NSFDC to provide tilling support, the only other scheme
which has been set aside specifically for the Super Cyclone districts is to help scavengers in setting up
small units. For this a total assistance of Rs 82.83 lakhs from NSFDC is available with the Corporation.
The other schemes are ongoing schemes, part of normal pried development. Under these credit and
subsidy assistance schemes, there is a reservation quota of 15% for women. 5% for physically
handicapped and 10% for economically vulnerable and the rest for all others. Maximum subsidy offered
under these schemes is Rs 6000/- . Weavers are assisted if they have common worksheds; credit
assistance for modernisation of looms is also provided; assistance of Rs 10,000/- s given per fisherfolk
who is part of a collective of at least 10 members to set up kiosks in market places. Share capital
assistance to initiate co-oper atives is also provided by the Corporation. But there is no inventory
system through which one can assess the gender or vocational background of the beneficiaries,
according to Debabrata Das. Thus it is difficult to estimate how many SC ST weavers or farmers
or women have been assisted. There is a need to increase the reservation quota for women and
the economically vulnerable in these schemes.
13.1a Writing off existing debts of the Disaster Affected Persons should be a crucial loss-sharing
mechanism set in place in the Rehabilitation Policy, if the intent is to prevent pre-disaster
indebtedness situation from affecting recovery. In Orissa, the only Rehabilitation Policy that
exists has been developed by the Water Resources Department, the main displacing agency. At
least 4 government orders on rehabilitation policy for the displaced persons ofarious medium and
multi-purpose irrigation projects were put together by the Government of Orissa Water Resources
Department, to formulate a comprehensive policy on resettlement and rehabilitation This is known as
the Orissa Resettlement and Rehabilitation of Project Affected Persons Policy, 1994. Though
development induced displacement may be different from disaster induced destration, the nature of
loss and trauma incurred are similar in many ways, and parities may be drawn accc’dingly.
13.1b A critique of the Orissa Rehabilitation Policy done by Aniruddha Dey emphasizes on a serious
shortcoming in the Policy. Mortgage, debt or other encumbrances on the land held cy the DPs/PAPs at
the time of acquisition are deemed to be transferred to the land allotted to them at the rehabilitation site.
This places the oustees at a disadvantage. Instead all the liabilities of DPs/PAPs duly contracted,
should be transferred to the project authorities, according to Aniruddha Dey. Without such
measures compensation which is meant for future resettlement gets used up to pay off these
liabilities and little remains for the future. (Rehabilitation Policy and Law in India : A Right to
Livelihood. Walter Fernandes and Vijay Paranjpye; Econet, Indian Social Institute) This
recommendation also applies to disaster induced rehabilitation. Waiving of loans will be in
keeping with the Orissa Debt Relief Act which provides for total exemption from informal
loflns. Furthermore, the loans taken from the government before the calamity by vulnerable
people should also be written off.
14.1 Specific Food Insurance system^ for vulnerable sections of wqmen such as pregnant women or
ailing women and children, the aged and disabled can be initiate^ by the community through
creation of separate funds. They cart fill up the protection gaps created by the Iniquitous food
£ - (eo
distribution patterns within the household; as well as the non-existence, failure or
inaccessibility of the Supplementary Feeding Programme and ICDS services. The role of NGO
sector is high in creating such insurance systems and encouraging community innovations. At
the same time, there should be advocacy for greater control and ownership of women from BPL
sections over the Government Feeding programmes, as in Tamil Nadu. This will strengthen poor
and vulnerable women’s access and control over food distribution in the community.
14.1a In Pradhangheri, such an attempt at food insurance had been created by the women
through the Maa Kali Self-Help Group. This group started its activities before the supercyclone,
on 13th November 1998. For the first 2 months the women kept aside monthly savings of Rs 100/each. In the third month, their monthly savings was Rs. 300/- per member. From the 4th month onwards
they started depositing Rs 25/- each till cyclone struck them on October 1999. One of the key services
and opportunities availed from this SHG was in terms of short-term credit accessed by pregnant women
belonging to BPL categories. This was intended to supplement the diet of the expectant mothers with
nutritious food. The interest charged on the credit amount was 3% per month. Along with this, the SHG
also provided the women of the village a forum to discuss their everyday problems. This institution ran
on a participatory basis. After cyclone this group remained defunct for a long time. Seven months
after the disaster, they tried to make it functional again. They also have an aim to link it with formal
credit institutions. This gap in restarting their SHG has implications for their recovery. A Disaster
Mitigation Policy should recognize these coping institutions set up by the community and
should have priority in restoration in the eyes of the Govt., the NGOs and the community to
prevent differential impact and recovery.
14.2 Government policy for livelihood restoration for those belonging to the most vulnerable , i.e.,
the 5th category of persons in Pradhangheri village and other areas, has nothing beyond FFW for
the able-bodied destitutes. Specific provisions for skill-building, entrepreneurial activities, credit
or education for women and children at risk are absent in ORC. Their recovery, in a socio
economic sense, is thus left to their own efforts or the intervention of NGOs or community
institutions. The food needs of the destitutes created by the disaster - widows and orphans were met in the Mamata Gruhas which were initially started by the Govt, of Orissa and later
managed by Action Aid. There is a gap between the provisions of gratuitous relief for widows
and orphans provided in the ORC and the lack of intermediate and long term food security
provisions for these ultra-vulnerable sections. This was attempted to be fulfilled by the Mamata
Gruhas. 8 members from 3 families from Pradhangheri village were staying in the Mamata Gruha
constructed in Gholpada by the Government of Orissa to house the orphans, women and children at
risk, destitutes and the senior citizens of their village. They were : Saraswati Rout and two of her sons;
Minubala Pradhan and 2 of her sons and two siblings, Ambika Pradhan and Subhadra Pradhan. The
women of Pradhangir observed that as these members of their village did not have an earning member
left in their families, their basic needs of food, clothing and medical support were being provided for by
Action Aid in the Mamata Gruha. Moreover, these families will also be provided houses from Action Aid.
The people felt bonded with the Mamata Gruha and its monitoring institution, the Sneha Committee. By
staying in Mamta Gruha, they felt that all the residents belonged to the same family. This, they feel, has
also helped to heal the scars they received when their families were swept away.
14.2a While their long term livelihood restoration and rehabilitation is being facilitated by Action
Aid and the village committees created after the disaster, the absence of government policy
relating to long term rehabilitation opportunities for destitutes, young and older orphans shrinks
recovery opportunities and has a differential recovery pattern.
15.1 The Mamata Gruhas are controlled by the Sneha committees which are a part of the Punar Nirman
Sabha (PNS is a committee comprising of members of the village created to monitor the reconstruction
*
activities of the village). The Sneha Commitees have been taking the responsibility to manage the
Mamata Gruhas and to maintain peace and security in the village. They also maintain the link between
the Mamata Gruha and the village, according to the women of Pradhangheri. A Disaster Mitigation
Policy should advocate for the capacity building of these evolving community institutions by
both government and NGO sector. The laws or code of conduct developed by village
committees like the PNS should be respected by emergency managers, relief distributors,
panchayats, government officials, NGOs and other service providers. The govts’s institutional
mechanisms working through the Collectorate, Block and Tahsil need to take cognizance of these
institutional mechanisms. This is so that community may emerge as a key stakeholder in disaster
mitigation.
15.2 The Orissa Relief Code does not take into account community perspectives and
preparedness. A Disaster Mitigation Policy should identify interventions that build on existing
capacities and coping mechanisms and institutions of the people. In Noliasahi, Kujang block of
Jagatsingpur, the fisherfolk did not want the damage compensation. Instead of repairing their boats
they wanted complete replacement. They did not want relief. They wanted to be put back at sea and
wanted to help others. According to Rajan Mohanty from CARE, they came forward to contribute some
amount for joint ownership of boats. People in groups of five were supported with boats by CARE under
such an arrangement. Even in a disaster situation, people still have some capacities left, and it is
these residual capacities for self-help which need to be explored. For this, vulnerable communities
should probe into the histories of their coping mechanisms in the use of seeds, cattle health, food and
seed storing, institutional mechanisms for decision making like sabhas and mahasabhas, share
humanizing experiences of coping with other vulnerable groups as part of disaster -proofing. The
Policy may identify this as an area for research and documentation to be fed back into the work
of service providers and development workers.
15.3 The Disaster Mitigation Policy should give recognition to disaster task forces rescue & relief
committees, reconstruction committees like the PNS, self-help groups, youth clubs, sanghs and sabhas
in the village, wherever they are formed. As per the Community Based Preparedness Plan Guideline
prepared by Oxfam in Andhra Pradesh, there can be planning and decision-making committees and
task forces for each of the different time periods . They may be entrusted with different responsibilities.
These institutions should monitor the normal period of preparedness, activities during emergency
response and rehabilitation and establish participation, ownership and management over the three
different processes. Role of community institutions in monitoring interventions by government
and other service providers should be legitimized in the Disaster Mitigation Policy. The Govt
and sanctioning authorities need to give recognition to people’s committees. The people’s
committees in turn should develop monitoring systems to ensure transparency for themselves.
Social audits can piay a major role, public checking of muster rolls and accounts registers,
material registers. Community institutions should monitor the PDS, the Supplemenatry Feeding
Programme as well as employment schemes such as SJGSY, DWCRA, conducted through the
panchayats. Women and children from socially disadvantaged sections such as the disabled, dalit,
tribal and other BPL marginalized sections need to have first priority in this need to take ownership of
this. Unless this is done, and a wider net is thrown to reach the poorest, improvements in IMP and
MMR will be doubtful.
15.4 A parallel accountability system to that of the govt.’s needs to be built These audits need to be
organized as a frequent exercise of transperancy. Gram panchayat members, local NGOs, government
officials should also be part of such processes.The capacities of members of people’s committees, GP
members and NGOs need to be developed through training for adherence to humanitarian standards
and process of accountability. Participatory social audits involving and ensuring accountability to
community institutions should be built into the Disaster Mitigation Policy.
15.5 Communities should have a contingency plan regarding what to do for food security
before, during and after a disaster. All livelihood implements at risk should be identified and stored,
implements that can be used during rescue and emergency should be kept ready. Cattle and other
livelihood aiding implements should be kept in safe places. Underground storage systems can be
devised or shelters for livelihood implements, cash savings of individuals and collectives, account
books, pass books should be kept in waterproof material. Fodder saving for risk period and storage
places should be identified before a flood and cyclone.
16.1 There should be legislation for a separate Right to Information so that vulnerable people have
access to information on govt, policies, Govt and NGO finances, expenditure and their own
benefits/entitlements. The policies of the different central and State Govt. depts., the programmes of
NGOs, policies of INGOs and Bilaterals for development and disaster mitigation should be made
transparent before people. The different insurance policies, credit policies for the poor should be made
available at the Gram Sabha level . The existing Development Plan and Contingency Plan of the
State relating to Food Security - Short term and Long term, should be made public.
16.2 The communities should also be mobilized to use the Consumer Protection Act, 1986 to gain
control over essential commodities. The Food Supplies and Consumer Welfare Dept, of the State which
is primarily responsible for the smooth operation of the PDS looks after various activities intended to
protect the interests of the consumers, according to the plan Document of the State.
16.3 Yet another problem has to do with the information gaps between the various departments
and the Collectorates. It is pointed out that although regular information is sent to the Collectors
regarding the various welfare schemes for the weaker sections, they either disregard it or misplace it.
As a result, they fail to implement schemes which exist. There are similar gaps between the Central
Governemnt and the State Governement Departments. For instance there is a housing scheme under
the National Rural housing corporation wherein per unit cost is Rs 60,000/- Under this scheme, the
Central Governemnt is to provide Rs 50,000/- and the remaining 10,000/- has to be met by the State
Goverrnemnt. This scheme could have been used during rehabilitation. But the Panchayati raj
department had no knowledge that such a scheme existed.
17.1 There is policy gap in ORC in stating the full range of vulnerable people’s entitlements to
employment assurance in a post-disaster situation for recovery. This can be made possible by
the Disaster Mitigation Policy recognizing the strong links between poverty and disaster
mitigation, differential impact and recovery. The Policy should clearly lay down the various
poverty alleviation and employment generating development schemes, under the various line
departments and institutions of the Govt. These can be activated for restoration of the livelihoods of
SC, ST, women, fisherfolk, small farmers, and the different vocational groups. These development
programmes should be integrated to form a comprehensive Flood/Cycfone/Tidal Disaster Mitigation
Programme. The list of Multilateral. Bilateral and NGO programmes that should be ready to be put into
gear to activate recovery of the people may also be brought under a similar pool. This emphasis will
help in the fulfillment of Art 39 for vulnerable sections - the right to adequate livelihood which
the ORC is unable to achieve for ail vulnerables.
17.2 The Policy should stress on greater focus by NGOs, INGOs and Govt, on the Poverty Task
Force started one and a half years back. According to Utpal Maitra, DFID, this was a govt, initiative
and not World Bank’s or DFID’s. This was formed with the involvement of the Human Development
Department, Health and Panchayati Raj Department. Instead of looking at Calamity as an ad-hoc
event, there is a need to connect it to poverty alleviation. This Task Force has not started
functioning yet. But this is the time to stress on it as it has strong connections with disaster mitigation. A
n
similar view is also put forward by Shri Shyam Sundar Das from CLAP, that poverty should be
brought under the definition of ‘undeserved want’.
17.3The suggestion of the International Decade for Natural Disaster Reduction (1990-2000) that
atleast 1% of total GDP must be set aside for disaster management must be considered
seriously for a Disaster Mitigation Policy in the State.
18.1 Right to Disaster Insurance should be another area of Legislative action. ORC has no provision
for insurance of livelihood assets and implements such as boats, nets, looms or crop insurance laid
down. There is a clear need for policy decision on the state’s insurance delivery mechanism so that it
may be activated in a disaster situation. A proper Disaster Insurance Policy needs to be chalked
out in the state involving the insurance companies like LIC, GIC and the 4 units under it - New
India Assurance, National Insurance, Oriental Insurance and United Insurance whereby a separate
Disaster Insurance Fund can be created. This decision has to be taken by the Central Governement
Damage assessment standards can be finalized on the basis of the Disaster Insurance Act.
18.2Disaster Mitigation Policy should address the role of Private companies in providing insurance
to disaster prone people. Adoption of specific areas or sectors by each of these companies for giving
financial support may also be identified, such as transport costs for providing relief, essentials like
polythene, blankets, livelihood implements, baby food. This should be looked upon as an obligation
on private companies to fulfill their responsibilities towards the poorer sections of their
consumers.
18.3Provisions for self-help and risk-reduction for the most vulnerable thus have to be part of
disaster mitigation to prevent this differential impact and recovery process. One can think of a
Risk Reduction or Emergency Fund with the concerned Department to be activated for
restoration as in Bangladesh There is a need to have standing orders for all insurance
companies under the GIC to provide coverage to small and marginal farmers and non-farming
communities, especially women to protect them against future risks. The losses would have to be
shared by the Govt. here. To bear this additional expenditure the government may need to modify its
taxation policies. While this study does not go into the details of insurance concepts and formulations, it
tries to draw attention to a very crucial need to give policy thought for Disaster insurance.
18.4 There is a need to probe into the social security schemes with insurance companies with
coverage provided for non-premium payers, with the State sharing the losses with insurance
agencies. The low premium-payment based social security schemes and premium subsidy
schemes with insurance companies need to be popularized with the vulnerable people,
according to Partha Sarathi Patnaik, Administrative Development Officer of National Insurance
Company. The 'Hut & Paisse’ Scheme and the Janata personal Accident Scheme are examples,
although they may not cover livelihood restoration, low-premium crop insurance schemes such as
through the Rashtriya Krishi Bima Yojana of the GIC. . The objectives of the Scheme are (I) to provide
insurance coverage and financial support to the farmers in the event of failure of crops as a
result of natural calamities, pests and diseases. (2) to encourage the farmers to adopt progressve
farming practices, high value in-puts and higher technology, (3) to help stabilize farm incomes
particularly in disaster years (4) to support and stimulate production of Food crops and Oilseeds. It
covers all farmers including sharecroppers, tenant farmers growing insurable crops, loanee and
non-loanee farmers.
18.5Moreover, as the Branch Manager of New India Assurance, R P Samal , points out that the
insurance companies look upon themselves as commercial organizations. After the 1984 riots,
the insurance policies were revised to give coverage to all calamities and losses. But coverage
is according to premium paid and subsidies on premiums depend upon coverage, partial or
total. The total support provided by the GIC for the SuperCyclone was 1 crore to the PM Relief
Fund. Mr Nagarjuna , Officer in charge of the GIC Crop Insurance unit in BBSR points out that the
total claims for Supecyclone affected districts was Rs 66.54 crores under the Comprehensive Crop
Insurance Scheme. The number of GPs receiving compensations were 2160, number f blocks receiving
claims were 145 in 14 districts. Farmers who availed loans from Co-operative banks, Commecial banks
and RRBs (Gramya Banks) were covered by insurance. Although these banks finance crop production
and rural artisans, no loan and insurance coverage were given out to the latter. The total number of
farmers who benfited from insurance were 2.14 lakhs out of which small and marginal farmers were
2.08 lakhs. There has been no insurance coverage for non-loanee farmers.
18.6Inspite of the existence of risk-sharing policies such as in the area of crop-insurance, tillage
support, credit, there are no standing orders to these institutions created for the purpose of
risk-sharing to inform the poorer public about these schemes during normalcy, nor any
instructions to provide compensation for crop loss or cattle loss, or provide immediate
coverage against future loss. On coming to crop-insurance for the kharif crop in the vulnerable
areas after the disaster, one finds that the entry of General Insurance Corporation into the scene was
late but withdrawal speedy because it realized that the kharif crop is going to be a loser. This is a clear
case of absence of clear cut govt, policy and schemes for livelihood restoration. There is a
need to have standing orders from the Central government for all insurance companies under
the GIC to provide coverage to small and marginal farmers and non-farming communities,
especially women to protect them against future risks. The losses would have to be shared by
the Government here.
19.1 Provisions for self-help and risk-reduction for the most vulnerable thus have to be part of disaster
mitigation to prevent this differential impact and recovery process. One can think of a Risk Reduction
or Emergency Fund with each of the concerned Departments to be activated for restoration as
in Bangladesh . Parallel to it vulnerable people may have for themselves an Insurance System
giving coverage to more than one vulnerable vocational group from a large geographical
spread. The Government may also need to play a role in this system as well.
19.2 Some of the key preparedness measures taken by the Ministry of Fisheries and Livestock in
Bangladesh to fulfill the responsibilities of a welfare state are pointed out here. The Ministry is
supposed to open separate Emergency Funds so that post-disaster recovery needs can be met
immediately; train the officials of Fisheries and Livestock about disaster, loss and damage to
environment and rehabilitation. Apart from this, the Directorate of Livestock is also responsible in the
normal times to select and earmark high lands in consultation with local administration and CPP, for
use as shelter of livestock for their protection. It arranges for emergency stocks of medic'nes and
articles for protection and control of livestock and poultry, against contagious and infectious diseases;
arrange a survey of the number of livestock and poultry in cyclone/flood prone areas and prepares an
inventory which must be updated at regular intervals. This directorate must assist the local
administration with shifting of livestock to safer places in the event of imminent cyclone/tidal bore and
prepare plans for vaccination and treatment in advance. The directorate must also prepare schemes for
supplementary arrangements for rehabilitation of livestock and recouping their loss. It must take up
schemes for procurement of animal feed on emergency basis for distribution in the affected areas. In
the rehabilitaion stage, it must prepare measures for the purchase of livestock under loan and supply of
animal feed as rapid relief and co-ordinate with other Ministeries and Departments, if necessa.7 import
livestock. The Directorate of Livestock is to maintain a permanent Fund for the purpose of rehabilitation
of IL astock & to make supplementary arrangements for lost cattle wealth.
19.3 Parallel to it vulnerable people may have for themselves an Insurance Sys^m giving
coverage to more than one vulnerable vocational group from a large geographical spread. The
Govt, is also needed to play a role in this system as well. Here Japan’s Mutual Relief Fund
be cited as an example as it is a system developed not only for farming community but aso for ncrfarming community, collectively. Moreover, it is a Mutual Relief Fund for small farmers and •'ot big larc
owners. It may therefore be possible to draw some insights from this experience.
19.3a In Japan, where agriculture is practiced on a large number of small farms rather thm on a fe#
large farms, disasters tend to cause heavy financial losses for farmers who lack the capita resources
to meet or absorb them. To afford some measure of protection for farmers, an insurance scheme was
formulated in 1947 and is known as the Agriculture Loss Compensation System. (The scheme is fuiy
described in the Proceedings of the Regional Seminar on Community Preparedness a_d Disaster
prevention,Tokyo, 1976, published as Water Resources Series No.49, by the United Narons, New
York, 1978.) In the light of experience, the system has been expanded and strengthened and s
currently applied to such crops and commodities as rice, wheat, barley, silkworms an: coccons
livestock and fruit. The system is basically one of mutual relief among different categories o‘ 'armers. A
joint reserve fund has been formed through the contribution of mutual relief premiums from the
farmers, and the Government has provided subsidies to the mutual premium and also office
expenses for the mutual relief operations, with a view to stabilizing agricultural managemem
and improving productivity. The fundamental principles of the operation of the system is hat the risxs
are shared widely and not just by local sub-divisions (In our case, such wide sharing of ris‘3 can or 7
be possible through Mahasabhas and Federations & Networks) Thus the insurance programme s
centralized in the Federation of Agricultural Mutual Relief Associations which is able to ".notion, S
means of branch offices, down to community level. Moreover, the Federation is able to conduct re
insurance schemes on a nationwide basis. (Preparedness Aspects. Disaster Prevention &
Mitigation. Vol. 11. A Compendium of Current Knowledge. United Nations)
19.3b Communities should be supported to initiate or strengthen their own mutual Insurance
systems through disaster task forces, self-help committees and groups, Co-operrives with
emergency funds for risk-sharing and livelihood insurance systems for different vocationai
groups . Both Govt, and NGO can support this process with initial working capital i: groups o*
vulnerable individuals and households who may repay back to the collective. This is to encxrage self
help and mitigate the poverty effect of disasters. These collective systems of insurance wil help in
securing Art 21 and in fulfilling objectives stated under Art 38 and Art 39 of the Constfjtion.
SHELTER
The question is whether vulnerable people can be provided with security of shelter enough to provide
protection against disasters like floods, cyclones and tidal waves. In the most immediate sense, shelter may
mean one’s own hut or house, i.e., individual housing, and in the broadest sense shelter can be taken to
mean the habitat which may comprise of forests, sand dunes, and man-made structures like embankments
and dams. Either one removes the hazard or removes the individual ; or one encloses the hazard or
encloses the individual as a step towards mitigation. As it is not possible to enclose a flood or a cyclone as it
may perhaps be to enclose a toxic fluid, we address shelter from the need to remove or evacuate the
individual and to enclose the individual from the hazard. Thus rescue and early warning systems, individual
housing, community shelters, flood plain zoning, drainage systems have significance.
This section deals with policy provisions for vulnerable individual, community and habitat
shelter in the Orissa Relief Code, in three time periods - (i) normalcy and pre-disaster situation where
preparatory measures are to be integrated with general development programmes (ii) provisions
for early warning systems, rescue and evacuation, and interim shelter as part of emergency
response and (iii) provisions for Shelter Entitlement Transfers/Permanent shelter arrangements for
disaster-destitutes during rehabilitation in the form of land rights, Record Of Right to the
marginalized such as the refugees, single women, widows, dalits, aged, disabled. In the
rehabilitation stage we look at scope for entitlement transfers in their various forms at the
individual, household and community level such as housebuilding grants and partial transfers
through subsidised loans, (iv) Reflections by various stakeholders on the adequacy of these
shelter capacities as compared to legal provisions are also integrated.
We thus look at the policy gaps and the implementation gaps to understand the protection deficit. This is
with a view to understanding disaster mitigation (mitigation of differential impact & recovery) and
preparedness within an entitlement and development framework. In order to identify these gaps ’we use the
case study of Pradhangheri village, Padampur GP , Ersama block, Jagatsingpur, whose illagers have
identified the problems in preparation and rescue in the Supercyclone . Insights and substantiation is also
drawn from the Poverty Profiling and Need Assessment Study done by Action Aid, Bhubaneswar, in
Balikuda and Erasama blocks of Jagatsingpur district in January-February 2000 .
IMPLEMENTATION GAPS IN SHELTER ENTITLEMENTS
We look at some of the key areas of implementation gaps in the shelter entitlements of vulnerable people
which have resulted in entitlement failure for vulnerable groups.
1.1 Implementation Gaps in Rescue & Evacuation:
1.1a Under Para 61 and 67(3) of the Code the Revenue Department is supposed to send a report
to the Home Department to seek Army assistance. Para 61 (ii) and 67(3) of the Code state that the
State shall make advance arrangements for Army assistance if rescue parties are insufficient.
However, Army was brought in after a delay of one day . Its positioning was not linked to
information. The prior stationing of the army in the vulnerable areas could have brought down
the casualties. Evacuation could have been possible. Para 108 places the responsibility on the
Collector to ensure that search and rescue parties have gone out for the rescue and relief of
marooned parties. This negligence is a violation of Art 21 - the Right to Life.
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1.1b Absence of Adequate Rescue Infrastructure: Para 53 also calls for Deployment of boats The SRC and his technical staff and Collectors are responsible to ensure that repairs of country
boats are done in time and stationed in the needy places. Necessary boats and food stuff are to
be immediately deputed to the affected areas. However, the reality was different. Pre-disaster
deployment of boats was not ready. This is also backed by the experience in Pradhangheri where
both 3rd and 4th categories point to the absence of life boats prior to the supercyclone. This is a
violation of the preparedness provisions of the ORC. The lack of rescue infrastructure led to the
loss of 33 human lives out of a total of 61 households. Where people managed to save themselves
they did so by climbing coconut and other trees, taking shelter in the only two pucca structures.
The poorer amongst them took shelter in the school building.
1.2 Lack of Connectivity : Most of the coastal villages were not accessible by road at all even
before the cyclone. The differential
infrastructural developments during normal period
development had their impact with many vulnerable communities being cut off from rescue and
relief. This lack of connectivity to vulnerable areas shows lack of implementation of Basic
Minimum Services listed under the Plan Document of the State. Absence of adequate technology
and infrastructure with the government for cleaning up of roads blocked by fallen trees prevented
rescue and relief teams from reaching by road. There were not enough power boats to reach
marooned islands. Army also declared many areas inaccessible. Although, according to DN Padhi
who was SRC at the time of the cyclone, they actually evacuated some people, death casualty
due to lack of rescue provisions, evacuation, pathways for escape, and timely shelter was
9885 according to the White Paper on Super Cyclone, Govt, of Orissa. Official figures point
to death in Jagatsingpur district alone at 8386, while unconfirmed reports consider it to be
three times more. This is again a violation of Art 21, the Right to Life for which the
Government, the Collectors in the 14 districts must be held responsible.
2.1 Implementation Gaps in Warning Systems & People’s Right to Accurate Information &
Right to Safety: Early warning systems are essential to prepare a community to face a disaster.
According to the ORC, the Metereological Centre of the GOI at BBSR sends forecasts on
depressions in the Bay of Bengal, direction & velocity of wind, rising of waves & tidal bore, heavy
rainfall, to the Chief Secretary, Collectors, RDCs, the Board of Revenue/SRC, Revenue Dept. &
Water Resources Dept., AIR. Doordarshan. The PWD, Ports, P&T, Fisheries, Tahasils also get
direct messages from the Metereological Dept. A system of three stage warning has been
introduced by the Metereological Dept, by which first set of warnings are sent by
observatories on the coast to the Metereological Centre. A system of two stage warning
operates from the Centre
by which Collectors of coastal districts are given warnings of
depressions and cyclonic storms. The warnings are then disseminated to the SP, Water
Resources, BDOs and other officers . The first warning is generally issued 48 hours before the
commencement of bad weather and the second about 24 hours. The ORC states that the Control
Rooms should function throughout the year in the Revenue Dept and in the Collector’s office,
Block HQ throughout the year. Temporary Wireless & Telegrapgh stations till November, i.e., the
end of cyclone season can be sanctioned by the Home Dept, in the vulnerable areas not
connected with telecommunication.
2.1b According to Mr. Sagar Dhara, a disaster management specialist from Serena
Foundation, a study of the warnings given out by the IMD shows that there were no
distinctions between the early warning messages received for the Ganjam cyclone and
those for the Supercyclone. No wonder people underestimated its force. The gap between risk
perception and actual risk was very high in case of the Supercyclone. This shows failure to
disseminate information responsibly to prepare people. According to Director, IMD, Bhubaneswar,
in some places control rooms were unmanned - there were no Collectors, or second line command
to receive messages. Along with Art 21, people's Right to Information which follows from Art 19,
The Right to Freedom of Speech and Expression, has been violated. Warnings have to be clear,
implications of the early warnings should be made explicit People did not understand that a 30 ft
high tidal wave means sea waters eating into 15 kms of the land. Nor did they understand what
the impact of a windspeed of 300 km per hour would be. This is corroborated by the villagers of
Pradhangheri.
2.2aThe Time Line of Disasters prepared by the villagers of Pradhangheri village when put
against their preparedness levels shows that impact of damages in the form of loss to life,
cattle and shelters was inversely proportional to the prevalence and accuracy of early warnings
received. In the 1955 October floods due to the collapse of Dale! Ghai, the people were warned well in
advance through radio warnings. Thus they stocked enough fuel and food and refrained from venturing
into sea or river waters, staying with the family. Thus, the only loss was in terms of standing crops. In
the case of the 1962 October cyclone and saline inundation, because of their preparedness, the only
damage was to their crops and farm land which got submerged under saline waters, thatched roofs got
blown away and small trees got uprooted. Saline waters prevented them from producing anything for
the next 2 years. In the case of the 1967 September cyclone and saline inundation, the people were
warned over radio and a continuous drizzle for 3 days prior to the cyclone and saline surge. The
velocity of the wind was between 90 to 120 kms per hour. Mud/thssh houses were damaged and trees
were uprooted. In the 1971 flood in September and cyclone and saline surge in October, as standing
crops were destroyed it resulted in food scarcity the following year. Walls of the houses had collapsed
due to the cyclone. In 1981 October there was a cyclone in which roofs were blown away and small
trees uprooted. 1982 September brought a flood, before which radio warnings were given and women
folk and livestock population were moved to safer places. The only bss was to standing crops as flood
waters rose to plinth level and entire village remained waterlogged for 20-22 days. The 28th-29tf1
October Supercyclone was the most devastating in the history of this country with a windspeed
of 320 kms per hour and saline inundation with a tidal wave 30 feet high. According to the
people of Pradhangheri, even though they received radio warnings they could not comprehend
the gravity of the situtation. This was mainly because they were given similar warnings on the
17th but that cyclone did not cause any damage in their area, hitting instead Ganjam district. The
loss caused cannot be measured, according to the people, as not only did the cyclone destroy all their
materials belongings, it also snatched from them their near and dear ones. For the first time there
was human casualty. 33 human lives from a village of 61 households were lost. The animal
population was completely wiped away; there was total destruction of all the fruit-bearing and
non-fruit bearing trees.
2.2b Members of vulnerable groups such as Category 3 from Pradhangheri village have stated
that Preparation was set back as there was no warning through loud speakers, absence of
cyclone shelters, non-availability of drinking water, non-availability of food and medicines,
houses were set apart from each other; Rescue was affected by the absence of life boats, non
availability of jerry cans, ropes and motor tubes, rescue teams were not dispatched by the government,
lack of good roads for quick evacuation . Most of these were problems which figured in a similar
analysis with the 4th category of people from Pradhangheri . This ‘ack of infrastructure, failure of
govt.’s institutional mechanisms for warning and rescue aggravated the impact of the disaster
on them, increasing the threat to their lives. This resulted in violation of Art 21, the Right to Life.
2.2c The Recommendations of the Model Cyclone Plan prepared by a committee set up by the
Ministry of Irrigation & Power in 1971 Nov. to mitigate loss of life due to cyclone took into
account the “Cyclone Plan’ of the Distress Mitigation Committee, Andhra Pradesh. A key
recommendation was the setting up of a close network of about 30 stations equipped with
simple wind instruments like wind-vane and hurricane resistant anemometer along the Orissa
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coast line as ‘Co-operative Cyclone Reporting Network’. This according to Mr. Gupta, Director
IMD, Bhubaneswar, has not been achieved.
3.1 Gaps in Temporary Emergency Community Shelter preparedness Para 60 of Ch IV of the ORC
states that community buildings like panchayat buildings, educational institutions, mahila samitis,
recreation centres and other institutions of public nature may be selected for use as emergent shelter
against floods & cyclones on evacuation. But, many villages did not have even a single pucca
structure. They were very often dalit and refugee habitations. Where pucca structures existed,
they were not always accessible to the vulnerable.
3.1a This creates differential impact of disasters. The Poverty Profiling and Need Assessment
Study done by Action Aid shows that shelter opportunities, during normalcy and emergency,
are linked to one’s position in the social hierarchy of caste, class, gender, ethnicity. The social
mappings of the study villages of Erasama and Balikuda reveal that the SCs remain the most deprived
section among all the case groups. Because of their lowest rank, the SCs are found living outside the
main settlement area, while the upper caste sections occupy the most advantageous location in the
village settlement. Their disadvantaged location deprives them of access to basic services like
drinking water. The study reveals that normal period social interactions of sharing food, water,
ceremonies and community infrastructure are marked by untouchability. This relationship pattern
reduced the chances of shelter for SCs during the cyclone. While intercaste solidarity during cyclone
may have been experienced in some places, in Siali, the temple in which the SCs took shelter during
the cyclone, was purified with collection of donations from the people who took shelter in it In
Badakula, caste restrictions led to the SCs being driven out of a concrete building of an upper caste
person when the cyclone was in full swing. The Bengalis of Siali and Kalabedi did not access the
Padampur cyclone shelter owing to ethnic tension that was prevailing. This led to maximum impact of
the cyclone on life and property in both the villages.
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3.1bThere was major entitlement failure in provision of emergent shelter although Collectors
under Para 60 are supposed to make provisions for temporary structures with bullahs,
bamboos, talais and tarpaulins on high mounds or embankments. Collectors are responsible
for selecting these places and making temporary arrangements. A circular passed on shelter
against tornados also points to preparedness with tents, mats, clothes like dhotis, sarees and garments
for distressed people, polythene, bamboo, lighting facilities, drinking water through tankers,
construction of barracks on work sites. According to the Code, this may be arranged through the
assistance of voluntary organizations like Red Cross. If these are not forthcoming, assistance can be
asked for from Chief Minister's Relief Fund. Expenditure from departmental budget should not be
incurred on this without special sanction by Govt. But such preparedness was absent.
3.1c Although the ORC states the prevention of destitution as one of its objectives, no outline
existed on arrangements for mass destitution, a situation of chaos prevailed till Mamta Gruha
came up as alternative . These were temporary shelters created by the government of Orissa
and later managed by Action Aid. According to the ORC if the parents cannot be found, nor any
suitable relative, then the orphanage is the final option. There is no space for the community to
be recognized as the right place for rehabilitation. The whole process of recovery is delayed in the
face of debatable norms. Neither Govt, nor other service providers are clear as to whatcourse of action
to take. Many NGOs opposed such institutionalization. The lack of such a guideline exposed women
and children to abuse and further deprivation. This Violates constitutional provisions Art 39 (e) the state shall direct its policy to secure the health and strength of workers, men & women; Art
39(f) - state shall direct its policies towards securing that children are given opportunities and
facilities to develop in a healthy manner. Not much thought has gone into gender or child welfare.
3.1 d According to the ORC, the Collector is supposed to have guardianship responsibilities till a
suitable guardian, under the Guardian & Wards Act, 1890, is entrusted with the responsibility of
taking care of the orphan. But there is no clear norm of what should happen to them till then.
The Welfare Department and Women & Child Development Department delayed in taking up their
responsibilities. State Govt, while remaining busy with relief measures neglected the speedy estimation
of the number of orphans and widows. The delay in enumerating the number of orphans and
destitutes and to put up mid-term shelters forthem created a differential recovery pattern. Many
destitutes and orphans were packed off to orphanages. The Government, advertised in the media about
these places instead of arranging for community based rehabilitation. There were no clear cut norms
as to where this huge number of orphans (12,200) and widows should go. According to a Sambad
report dated 26.11. 99, while representatives from the Welfare Dept, said that the Govt, will make a
yojana for orphanages for these orphans, representatives from organizations like ODMM, Mr Jagdish
Pradhan, stated that it is not fair to uproot children from their community after they have already gone
through one loss. Instead, one can have shishu bhavans inside the village for their care. According to
Mr. Sumanta Kar from SOS Village, care in the family is better and more important than institutional
care. Family care helps the child to forget his/her loss. But the delay in providing such shelters,
definitely an area that can be identified under entitlement failure, pushed many orphans into
institutional care while others were made vulnerable to trafficking, abuse, homelessness
3.1 e There was no ready arrangement for temporary shelter materials, market was uncontrolled
with hoarding of polythene and other essentials. Collectors failed to use the Essential
Commodities Act timely and to use the police effectively in managing the market. This delay
increased risks to exposfre, abuse, health ailments for women, adolescent girls, and children,
violating Art 41, the right to public assistance under situations of undeserved want.
4.1 Gaps in Long-term Community Shelter Preparedness: Two types of permanent Cyclone Shelters
have been suggested in the Cyclone Preparedness Plan ■ for tidal inundation and for cyclones.
The former should be 15 kms from the sea & in case of cyclonic areas, 15 to 60 kms inland. The
Central Water & Power Commission had also suggested two-storeyed buildings as per its Model
Cyclone Plan of 1971 for tidal inundation areas. However, actual preparedness level was only 23
shelters before the supercyclone while Andhra Pradesh has 1041 shelters on a coastline of 1000
kms. 2000 people took shelter in each of these shelters intended for 1500. According to
Hrushikesh Harichandan from Red Cross, peacetime intervention is necessary for shelter
preparedness. The implementing authority of these shelters, they have built 23 shelters based
on collaboration between the State Govt’s plan expenditure & German Bank of Construction.
High risk areas like Kendrapara, Balasore and Bhadrak have been chosen for their locations.
However, the use of these shelters has also been selective. The Poverty Profiling Study reveals
that tensions in prevailing social relationships inhibited the Bengali migrants from using the
Padampur cyclone shelter on the night of October 2000. According to the Bengalis, the animosity
between them and the Oriyas prevented them from accessing the shelter. Thus, people from other
panchayats close to the Padampur cyclone shelter could take coverage such as from Ramtara village
but nearby Bengali villages did not go. This is yet another experience of differential impact.
5.1 Implementation Gap in Individual Housing Assistance:
5.1a There has been a history of implementation gaps in government provisions for housing
assistance, violating Art 41 and Art 39. In the village of Pradhangheri people point to the nature of
government response against the time line of disasters faced by the community. From this it is clear
that after the 1967 cyclone and saline inundation which damaged mud and thatched houses, no efforts
were made by the government for restoration and rehabilitation; after the 1971 floods, the people recall
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the government providing them a polythene each and Rs 300/- to families whose houses had
collapsed. There was no government response to damages faced in the 1971 cyclone and saline
inundation and 1981 cyclone. After the September 1982 floods the government provided still less - Rs.
250/- each for repair of houses, a polythene, a blanket and 2 clothes per family. The Lok Yojana done
by the people of Pradhangheri village, 8 months after the cyclone, has prioritised 3 problems out of
several to be absolutely essential for human existence and dignity - Employment opportunity,
Concrete houses and Potable water. After the cyclone, all that they can call a house is 4 mud walls
with a polythene top. This is what has been serving their purpose of cooking, (which, of course, is risky
under a polythene top), taking rest and all other purposes. This is insufficient to shelter a family of 4 to 8
members . They feel that once the concrete houses are built, it will ensure their safety . It will also
assure them that they need not have to reconstruct their houses after a disaster or repair them every
year.
5.2 Change in scale of deliverence attempted after the 1999 Supercyclone : The scale of house
building grant or compensation to be sanctioned in respect of houses of people damaged due
to flood, cyclones or heavy rainfall for repair or reconstruction of their houses is as follows,
according to Revenue & Excise dept Resolution dt. 24.11.95. - (I) Rs 3,500/- for completely
washed away houses per family (maximum aid) (ii) Rs 2,000/- for completely collapsed houses
per family (maximum aid) and (iii) Rs 1000/- for partially collapsed houses per family (maximum
aid). But there have been attempts by government officials to bring down these amounts to Rs
2000/- for fully collapsed and Rs 1000/- for partially collapsed houses. A case was filed in Orissa
High Court on 7th December protesting against this but was asked by the Division Bench to withdraw
on ground of locus standii. If inflation rates are taken into account or the Consumer Price Index then
compensation would not be less than Rs. 8000/-. The eminent jury in the Public Hearing
organized by CLAP was of the opinion that the scale of housebuilding assistance should be
raised. Attempts by the government to avoid these social insurance responsibilities is a breach
of human rights.
5.3 Corruption is nothing new to the coastal area. The vulnerable people have always been
harassed in trying to access government programmes like IAY, BPL benefits and Old Age
Pension, according to the Participatory Poverty Profiling Study. But even when people were in
distress after the supercyclone, they have not been spared, thus affecting their recovery. House
damage compensation was channelised from the Tahsil office to the Revenue Inspector (Rl) who in
turn delivered the compensation in the village. There are instances, as in Siali and Athgharia, where
villagers have had to pay Rs 500/- as forced bribe to get compensation of Rs 3,500/- for a washed
away house. In Balijori village, it was reported that the local leaders have collected Rs. 500/- to Rs.
700/- from each household to enlist additional names for the benefit of compensation. These
experiences are also supported by the cases put up before the Jury in the the Public Hearing organized
by CLAP in September, it was revealed that Bainsidhara Behera. S/O Laraji Behera, Village Oldi,
Thana Kendrapara of Kendrapara district has received house damage compensation out of which the
Rl has taken Rs 200/- as compulsory bribe.
5.4 Gap in time of deliverence - As per the circular issued by JN Poddar, SRC, 1996., the Code
has laid down the maximum time period within which people should be provided with house
building grants. According to this circular, passed in June 1996, the whole process of
enumeration of houses damaged, verification, approval of lists of damaged houses, collection
of applications, enquiry, sanction and final disbursement should not exceed 2 1/2 months.
Govt, has violated the provisions of its own code. It is going to be a year and people are still
waiting for housebuilding grants. The Need Assessment Study in Jagatsingpur has found housing
to be a pressing need. Even after three months after the cyclone this study found many taking shelter
under a sheet of polythene. Since individual housing had not materialized by that time other livelihood
activities were getting stalled. A timely individual shelter would have meant that they could place their
surviving belongings, livestock in the new house and go out in search of wage employment and
gradual recovery to normalcy. We have already mentioned that the house damage was greater for
Bengali migrants, SCs and Bangladeshis. Thus the speed of recovery for the people deprived has
been affected.
5.5 Implementation Gap in housing Rights of SC, ST & encroachers : Sub para (4) of Para 81 states
that in the matter of payment of housebuilding grant priority should be given to SC & ST,
landless labourers, marginal farmers and small farmers in this order. Para 81, sub-para (5),
pp43 of the ORC states that house building grant shall not be denied to encroacher on Govt,
land whose houses have sustained damage in accordance with the scale of assistance
prescribed in sub para (1), but as far as possible they may be asked to shift to unobjectionable
sites, if such sites are available. But if they have been recipient of the grant then they cannot be
eligible for housebuilding loan. But this has been violated. But many are being excluded on grounds
of ROR. Therefore, the need to implement land reforms and regularize their status.
5.5a Govt, passed a circular lifting the criteria of fully damaged and partially damaged houses.
Compensation was given only to those who had ROR. This is a violation of ORC provisions . It
also shows that enabling provisions for weaker section can be withdrawn through a circular. Many
migrants and refugees, SC people, many of them women-headed households, have been sidelined in
housebuilding grant because they are without Record of Right (ROR). Here, the verdict of the Jury in
Public Hearing should be referred to ■ that compensation should not take into account whether
they had land rights or not, but whether they had a house. There are numerous case studies
proving three different kinds of aberrations that have taken place in housing grant assistance:
People with damaged houses but unlisted in Rl list because of lack of ROR or other reasons ,
people who have been listed but who have not received compensation, people who have
received less than the specified scale. This is a violation of Art 41 - the right to public
assistance under situations of undeserved want and Art 23 - the right against exploitation.
5.6 The Participatory Poverty Profiling Study points out how house damage compensation got
diverted to those who were fairly better off than SCs and the BPL categories, inspite of
prioritization for them under policy provisions.. In Era village, the Baishnabas who are like SCs in
socio-economic status, did not receive any compensation as they were out of the village when the
distribution took place. The upper caste Mohantys are better off as all of them are either salaried or
businessmen. So, they did not really require compensation . Yet they grabbed it. In Kumbhari, the
Khandayats (General Caste) said that relief was ‘dumped’ on the Mohantys, yet when it came their way,
none of them hesitated to take it.
6.1 Housebuilding Loan under LAY and HUDCO scheme:
6.1a The Panchayats, responsible for implementing Rural Reconstruction Works like rural roads,
culverts, school buildings, primary school buildings, are also the implementing authority for house
building under Indira Awaas Yojana . This is a programme of the Central Govt, under Poverty
Eradication Programme run with 20% Central assistance and 80% State assistance. The Gram Sabhas
are supposed to identify the beneficiaries for Indira Awaas Yojana under which a sum of Rs. 22, 000/- is
to be given to each beneficiary. (But, even the Rs 22,000/- from IAY is proving insufficient as the
emphasis is on RCC housing) .The beneficiary is one whose house has been damaged and comes
under BPL. Unfortunately, this has been turned into a lottery system because money is less and
beneficiaries are more. This system is ridden with vested interests.. No one in Pradhangheri village
has received assistance under IAY, although they had got damage compensation.
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6.1b The aberrations that have taken place are exclusion of women-headed households,
disabled and BPL members through lottery, non-BPL persons emerging as beneficiaries,
corruption by Tahsildars and RIs and Sarpanchs. This is a violation of Art 15(3) and Art 15(4)
guaranteeing the right to protective discrimination, Art 46 which aims at the protection of
weaker sections like SC & ST. The marginalisation on the basis of ROR violates Art 16 the Right
to Non-Discrimination. Women-headed households (widows, single women, divorcees)
disabled and aged who should be consciously targeted have lost out in the system. While IAY
has a 60% SC/ST targeting there is no quota for women.
6.1c Cases put up during the Public Hearing organized by CLAP also point out other
aberrations. Nimai Charan lenka, S/o Bauri Bandhu Lenka, of Erasama block has received only
compensation for partial collapse even though roofs of four rooms have completely collapsed. So he
has received only 1000/- instead of 2000/-. He has also been simultaneously deprived from IAY lottery
scheme because only those coming under 'washed awa/ and 'fully collpased' categories are eligible
for IAY. In another case, a disabled person, Bilash Chandra Swain, village Mathasahi, Nuadihi GP,
has not received IAY loan even with full eligibility.
6.1 d Tarani Sen Giri, Village Oldi Fakirabad, Thana Kendrapara, whose collapsed on the night of
October, has received house damage compensation, but has not received IAY housing even
though selected in the lottery as a beneficiary. It was revealed that he lacked Record of Right
and is living on government land. According to ORC provisions for the encroacher, Para 81(5),
house building assistance should not be denied to encroacher on government land whose
houses have sustained damage in accordance with the scale of assistance prescribed in
subpara 1 but as far as possible they may be asked to shift to unobjectionable sites, if such
sites are available. In Japa alone there are more than 300 such cases. Land Rights status
should thus be regularized or thee people. They are mainly Bengali migrants and dalits. In a
distress situation they should be treated at par with patta holders.
6.2 According to the ORC provisions on Housebuilding Loan, under para 83, these may be given
at the rate of Rs 500/- if sanctioned under the provisions under the Agriculturists Loan Act, 1884. This
is to be decided by the Revenue Officer or a Rl. Persons who are desirous of taking a loan higher than
Rs 3,500/- may avail of the loans under “ Low Income Group Housing Scheme” or “Village Housing
Scheme.' A person availing this loan shall not be eligible for housebuilding grant or loan mentioned
above. The Govt, sanctioned HUDCO loans to Class IV, III, II and class I government employees from
the affected blocks with loan amounts of Rs 30,000/-, 50,000/-, 75,000/- and 1,00,000/- respectively.
This is with a moratorium of one year after which the process of recovery will begin with interest. Even
in August when reconstruction should have been over, the Orissa Rural Housing Development
Corporation (ORHDC) was unable to release necessary funds for housing, according to Mr. Utpal
Maitra, DFID (Department for International Development). ORHDC was identified by HUDCO & the
Housing & Urban Development Dept, as the disbursing body to finance families. A key limitation in the
HUDCO loan has been that it gives preference to government employees. While the HUDCO scheme
has excluded the BPL categories, the IAY eliminated those who had not qualified for damage
compensation. This was a double marginalisation for people without ROR.
6.2a According to a newspaper report in the New Indian Express dated 27 Sept 2000, the Cabinet
Sub-Committee presided over by the Chief Minister reviewed the Rehabilitation and Restoration
work undertaken by the Orissa State Disaster Mitigation Authority (OSDMA) in the cyclone
affected areas. So far, the Govt has distributed house building assistance to the tune of Rs. 271.6
crore to the affected people. So far, construction of 19,819 houses under the IAY has been completed
in the affected areas. Besides, 13, 908 houses have been completed up to the roof level. The number
of IAY houses completed up to various levels are, 16,592 up to lintel level and 16,247 up to plinth level.
According to sources, the report states that work order has been for construction of 69, 486 IAY
houses. The Govt, has selected 75,648 beneficiaries to avail houses under the IAY. The report states
that the Chief Minister has underscored the need for speeding up the rehabilitation and reconstruction
work as the monsoon is almost over. Funds are available for construction of two lakh houses under
IAY, 1.75 lakh more houses financed by the HUDCO and 5000 by non-govt organizations and other
donors. However, work by the OSDMA, has slowed down because the organization is yet to get the
World Bank assistance of Rs 430 crores. The organization which was under the Finance Dept has now
been shifted to the Revenue Dept.
6.3 Govt’s estimate of the total no. of households who suffered house damage in the super cyclone is
16 lakhs. If Indira Awaas Yojana covers only 2 lakh households, that too with a corruption element
where non-BPL categories will divert the grant; Maharastra Govt, and Tatas provide around 1000 or so
houses and NGOs provide houses to around 5000 househokis, what will happen to the rest roughly 13
lakh households ? The housing programme of the govt, should have been over by June but even
August finds people in Jajpur and elsewhere still under polythene shacks, according to Mr Kutty from
Lutheran World Service. Over 300 people in Japa are not being given housebuilding assistance
because they lack ROR. Housing loans and construction are held up because people are settled on
forest land. These delays and obstructions in reconstruction activities inspite of available
financial allocations reduce the pace of recovery for the potential beneficiaries who are BPL,
SC, ST categories, violating Art 46, Art 41 and Art 39.
7.1 Implementation Gaps in Flood Prevention Policy:
7.1a Para 91 (1) states that after the devastating flood and cyclone of October, 1971, Mr. H.A.
Ferguson, a Dutch expert visited this state from the 15* to 21st February, 1972 on invitation of
the State Govt. In his report he emphasized the preparation of a Master Plan for the entire delta
area for efficient protection against floods and cyclones to be realized in phases. Sub-para 3 of
para 91 of the ORC states that the Water Resources Department, the Agriculture and Forest
Departments are in the active line for the construction of the sea-defence belt, and for taking
measures like raising of embankments, optimum utilization of surplus water in the rivers and
similar other flood control and afforestation works. The endeavour is to make the flood prone areas
a flood free zone. However, canal building, drainage, and connecting waterways through canals has
been a much neglected area, according to Mr. P. C.Pal Addl. Revenue Secretary at the time of the
Supercyclone. So also the maintenance of embankments. Instead there has been emphasis on dams
as flood protection systems which are resource-intensive and involve displacement.
8.1 Implementation Gap in Cyclone Prevention Policy:
8.1a The GDI, Ministry of Irrigation & Power, on 15th November 1971, appointed a Cyclone Distress
Mitigation Committee (Orissa) to examine various measures to mitigate human suffering and to
reduce the loss of life and property in the event of recurrence of such cyclones in future. The
committee was headed by K.P.Koteswaram, Director General of Observatories, India Metereological
Department. Pre-cyclone Measures, Post-Cyclone Distress Mitigation Measures & Community
Preparednes Programme were three aspects to this policy. Many of them related to Meteorology
and Communication, Drinking water, Role of Education Dept, have not been implemented. The
Model Cyclone Plan prepared by the committee was recommended for day to day use by the
state but has not been taken seriously. The number of cyclone shelters as mentioned above are
grossly inadequate
8.1b Long-term Shelter Plans : Para 126 addresses the construction of tidal breakers, shelter
plantations and coastal afforestation and plantation, bandhs and embankments to reduce the
vulnerability to storms. While the government has constructed and repaired breaches in some
of these embankments along with the UN, their maintenance remains a much neglected area. So
also afforestation on these embankments. Much of this work has been taken up under FFW
programmes of NGOs. But these implementation gaps have resulted in the violation of Art 21 the Right to Life and Art 39 - the Right to Adequate Livelihood.
8.2 Differential impact has been created by these lapses. Vulnerable geographical location of
settlement, over which the socially and politically weaker sections have little control combined with
lack of eco-shelter such as plantations. The Poverty Profiling Study shows that human casualty
has been higher in the SC, Bengali migrants and Bangladeshi sections for these reasons. Loss of
life was most among the minorities particularly due to the habitational disadvantages. This was due
to geographical location of their settlements being within 1/2 kms of the sea as in the case of Siali
and Kalabedi; lack of environmental shelter in the form of casuarinas or other forests, low-land
location as opposed to protection by sand dunes and saline embankments elsewhere was also
responsible for heavy toll even if they were 5 kms away from the sea. This has been the case in
Ajgarbedi and Kochilabedi villages which are low-lying open lands.
POLICY GAPS
These are protection gaps created because of lack of policy provision. Process of recovery from a disaster
will not only be slowed down but also differential in the face of deprivation from policy entitlements. Here we
compare with Fundamental Rights and the Directive Principles of State Policy of the Constitution which are
supposed to guide the State in making its policies.
1.1 Policy Gaps in Warning Systems, Rescue and Evacuation :
1.1a Alternative to landlines needed in Warning Systems : A major problem in the existing warning
systems is the reliance on landlines, according to Director, IMD, Bhabaneswar. There is need and
scope for looking at reliable alternatives such as the Amateur/HAM radio network. It offers scope for
greater decentralization, simple technology which can be used by fisherpeople at sea, panchayat
offcials and community task forces. In the last Supercyclone they were provided by Andhra Pradesh
Govemmnet. According to PC Pal. Addl. Revenue Secretary at the time of the supercyclone, the State
Government can surely invest 1 crore in this technology. Very recently, the Eleventh Finance
Commission has sanctioned 15 crores for Information systems like ham radios and satellites,
according to Mahadar Panigrahi, the Addl Relief Commissioner.
1.1b The ORC has no investment guideline for development of community warning systems as
there is in Andhra Pradesh and Bangladesh. The involvement of Ngos in this area is greatly required
to facilitate community ownership and use of these warning systems. Traditional warning systems
such as drum beating, conch blowing can be combined with a flagging system that exists in Bangladesh
using different colours and numbers to signal the extremity of the cyclone.
1.1c Community Shelter Policy should prioritise certain geographical areas that are low lying or
closer to the sea as more needy. Operation Black Board to be implemented in the most
inaccessible areas as part of normal period development so that people have an accessible
structure for safety when they receive warnings.
1.1 d There should be Standing orders to the Army and State Special Armed Police to have their
personnel and rescue infrastructure stationed in the risk prone areas before a disaster strikes
so that they are ready to rescue and evacuate. Need for policy provisions to have the State
police trained by the Army in rescue operations so that dependency on the Army may be
reduced and response time to a disaster by State Police may also be quickened. Reserve teams
to assist the police in their operations may also be developed. In Andhra Pradesh Govt, has trained
teams in emergency that are attached to the police. There is also a need to strengthen institutions like
Gopabandhu Training Academy for training of government officials in disaster management.
1.1e Connectivity to risk-prone inaccessible areas should be established through roadways or
waterways as normal development preparedness under Basic Minimum services assured under
the Five Year Plans of the State. Mechanised tree cutting equipments to remove trees from
pathways and investment in more numbers of power boats is necessary to reduce response
time.
1.1f Lack of Vulnerability-targeting/Protective Discrimination in Rescue & Evacuation and
Interim Shelter during Relief. There is policy silence on addressing the specific rescue and
evacuation needs of women, children, physically challenged and aged. A directory of such people
developed by village institutions is necessary with the rescuers. Rescue Management should be
sensitized to the safety needs of these vulnerable categories.
2.1a Orissa Relief Code does not address the provisions for rescue infrastructure with the
vulnerable communities such as roads, waterways, boats, ropes, floaters; nor does it address
the need to train community volunteers with rescue skills and attitudinal sensitivity to the
weaker sections. While Govt, needs to invest more in roads to vulnerable villages, the role of the
NGOs is needed acutely in the area of rescue training . Policy for training community volunteers should
be built into the contingency plans for preparedness with the help of NGOs. Capacity-building skills and
infrastructure like floats, ropes, pickaxes, boxes should be provided for this purpose. A rigorous
analysis of the waterways of Orissa is required to reach people in island villages faster, to
ensure planned means of escape with ready pathways and infrastructures. Dry runs and drills, as
suggested by Saroj Jha, UN House II, also forms a crucial component to ensure speedy response.
2.1b Community should have an emergency response team trained in rescue and evacuation.
This training should be budgeted for. There is need for an alternative arrangement such as through
the training of volunteers who will act with knowledge and speed where it comes to the obtaining of
compensations/claims. These volunteers could be selected from the community. This should be
supported by other institutional arrangements such as starting educational institutions or
courses on disaster management whose students can be trained and entrusted with disaster
management work in the affected areas. They can act as a kind of Reserve Army assisting the
Police, Defence forces, Government officials and NGOs.
2.1c A Disaster Mitigation Policy should stress upon the role of the NGOS in such training. The
Red Cross has been the only NGO training community volunteers in the places where they have set up
Cyclone Shelters . But larger community has to be linked to these capacity-building processes and
should have control over them. In Pradhangheri, the Red Cross had formed a Committee of 18
women members and trained them in disaster management, i.e., responding to warnings, cyclone
rescue methods and relief operations and long term environmental protection. However, according
to the women members of the Red Cross Committee, they had no control or ownership over the
activities taken up by the Committee. Furthermore, where women are trained in rescue and
relief, it should be the policy of the capacity-provider to sensitise the larger community so that it
recognizes and heeds the new knowledge placed with them. Otherwise, a patriarchal community
will sideline their voice which will have dangerous implications for safety of the entire community. In
Pradhangheri, the committee members state that before the cyclone 6 women from their village had
gone to the cyclone shelter in Padampur and to Red Cross, Bhubaneswar for training. But no male in
the village would listen to them when they urged people to shift to the cyclone shelter in the GP HQ,
because in the village nobody gives importance to what a woman says. Thus community attitudes
need to be developed so that knowledge and capacities are optimally used .
2.1 d There are no provisions in the ORC to build on existing local capacities. A Disaster
Mitigation Policy for the State should strengthen existing coping mechanisms,
community knowledge, attitudes and skills which can reduce risks and casualty. In
Pradhangheri village the people have identified the existing knowledge base. They have also
stressed on attitudes to take warnings seriously and disseminate as widely as possible as
preparedness measure; they have identified skills of swimming in the sea, climbing trees, using
a motor tube, and rowing as necessary skills for survival. For rescue their attitude is one of
saving themselves and helping others; they have the skills of using rope for rescue, they know
boating and to warm a person if he has collapsed. While their attitude towards relief distribution
is that all relief materials should be distributed equally amongst themselves through the village
committee, there is a need to sensitize the village committee and other members to the need
for protective discrimination which is based on equity rather than equality. For rehabilitation,
their attitude, however, is to give priority to the poor, old, destitute and orphan. In other areas,
people have identified strengths in indigenous housing, old techniques in braving floods
without casualty - such as by tying a rope to a strong tree at one end and a chain of human
beings tied by their legs at the other.
2.2 Gender, destitute, disability and child- sensitive provisions for interim shelter during relief
and rehabilitation are absent/inadequate in the Code although the impacts of homelessness are felt
more on widows, single women, adolescent girls and children, disabled and aged. Art 15(3) and 15(4)
guarantee protective discrimination for weaker sections are violated. Art 39 (e) under which the
state shall direct its policy to secure the health and strength of workers, men & women, and
tender age of children are not abused also stands violated. There is also violation of Art 39(f)
which states that the state shall direct its policies towards securing that children are given
opportunities and facilities to develop in a healthy manner and in conditions of freedom and
dignity so that childhood and youth are protected against exploitation and against moral and
material abandonment It also violates the UN Convention on Rights of the Child.
3.1a No standards on how and by what time the material component for shelter should be
provided, where to stock ready materials for temporary shelter in order to reduce response time
to disasters. Provisions are not specific to safety standards that must be observed for widows,
destitutes, adolescent girls. According to the Humanitarian Charter of Assistance, shelter needs
broadly cover three areas - housing, clothing and basic household items like utensils. We may
also include fuel as a shelter need. Shelter Preparedness measures to prevent impacts of destitution
and homelessness such as physical and sexual abuse, child labour, prostitution are not elaborate or
specifically laid down as Standing Orders as in the case of Bangladesh. Material component of
interim shelter like clothes, bamboos, talais, polythene, tarpaulin, cooking vessels can be
stocked in advance at the Block level to reduce response time. In Bangladesh, the shelter
materials are kept ready at the Thana level before a disaster strikes.
3.1b In the ORC there are no specifications for special shelter materials for the vulnerable
groups, such as clothing for adolescent girls in the relief package, or aids to the disabled. Nor
has any linkage been drawn between climatic conditions, culture and relief clothing to be provided.
These lapses increase vulnerability. The Participatory Poverty Profiling and Need Assessment Study
shows that women were the worst sufferers when it came to clothing. As they did not have proper
sarees to cover themselves, they stayed close to their kith their kin in their embarrassment and worry.
While determining entitlement bundles for emergency response and relief, the needs of these special
groups need to be planned for on the lines of sensitivity and protective discrimination.
3.1c Lack of Market- Regulating Measures in Materials Management: ORC has no provisions for
regulating the prices of material components of temporary and more durable shelter/building
materials or in organizing adequate no. of masons and appropriate masonry skills This leads to
exploitative exchange and violates Art 23 & Art 24 on right against exploitation. Only few can
afford skilled labour and materials. In Nimol, the Poverty Profiling Study points out, people started
making bricks in a co-operative manner while others started making bricks from their own soil in order
to rebuild homes with brick wails. In Jagatsingpur, post cyclone prices of 1000 bricks was RS. 2250/Finally the District Collector intervened and the prices were brought down to Rs. 1650/- per 1000
bricks for IAY beneficiarires so that they would not be exploited in the market and Rs. 1800/- for all
other constructions like schools. The price ofchips which was Rs 28/- per cubic metre was subsidized
to Rs.22/- A meeting of all brick-making units and Tehsildars was called to fix these new rates. There
1
should be instructions/standing orders to District Collectors to use Essential Commodities Act,
1955 as soon as distress signals are received so that hoarding of materials like polythene or
cement may be prevented and prices of essential commodities controlled. The use of this Act is
a much needed protection for the BPL sections, IAY beneficiaries.
4.1 There should be Standing Orders to PRIs to activate immediate repairs to school buildings and
other community buildings after disaster so that they may be used as mid-term shelters by
destitutes and orphans. Funds should be placed accordingly with them.
5.1 Lack of Long-term Shelter Provisions for Special Groups like Destitutes ( Young and old
Widows, single women, adolescent girls) And Orphans to prevent impacts of destitution : This
has been a major area of entitlement failure leading to differential recovery between those
individuals with families, shelter and livelihood protection and those without. This failure can be
attributed to the Women & Child Development Department which as per its own Five Year Plans is
responsible to take care of destitutes and orphans and disabled children. The Code has addressed only
institutionalization and not community rehabilitation. Community is also evolving its monitoring
mechanisms to ensure that guardianship and family rebuilding do not become exploitative. But the lack
of a rehabilitation policy is a violation of Art 15(3) and 15(4) and Art 39 - the Right to adequate
means of livelihood and Art 41 which guarantees social security in the face of undeserved want
The rehabilitation policy should detail each and every option for each and every category of
destitute or orphan, taking into account their life-skills, entrepreneurial skills, support systems.
The policy should stress on the Community Based Rehabilitation of the destitutes and orphans,
aged and disabled in the pre-cyclone period, emergency, with provisions for mid-term shelter
and permanent shelter.
a
5.1a Livelihood options for the adult destitutes, especially young and old widows need to be
planned along with resource mobilization for the same. Much of it can perhaps be integrated with
govt’s ongoing employment & entrepreneurship-promotion activities such as DWCRA as well as the
micro-credit activities of the NGOs in the area. Guardianship of orphans needs to be formalized under
the Guardianship & Wards Act, 1890. Family Rebuilding options for widows & orphans also need to be
taken into account during rehabilitation. Options of marriage, singleness, adoption of a child or a family
ought to be taken into account. While the extended family is a rehabilitation option for the orphan, the
element of exploitation cannc: be ruled out because of the financial attractiveness of the orphan who
has become a beneficiary to one or more death compensations. The monthly interest from the fixed
deposit to which the orphan is entitled becomes an attraction to take over his/her guardianship. In the
rehabilitation phase. Here, the role of the CBOs, village committees and reconstruction committees
becomes very crucial to watch against exploitative trends in this guardianship . The Sneha Committees
formed through Action Aid facilitation have been playing this role as a monitoring institution. Pre
Guardianship & Ward Act should be amended to create scope for lock-in-deposits for these orphans so
that these fixed deposits are not touched till the child comes of age. The same applies to the ex-gra:a
compensations received by widows. Permanent shelter for widows and single women, many of
them of migrant and refugee status, must be prioritized by rehabilitation policy as having first
priority in housing rights so as to mitigate differential recovery pattern.
5.1c However, the various categories of destitutes have not been addressed in the Code. For
instance, there may be destitutes with land and landless destitutes, or destitues who may have patta
land but which is not controlled by them. There may be some who have had experience of forming and
working in collectives, or rearing small animals, sharecropping, fishing-related activities, weaving, while
others may not have any entrepreneurial, mobilisational or craft skills or pportunties. While a few of
them may have some physical resources left over after the disaster others may be left with only their
skills, while a large number with neither. There may be widows with more family responsibilities, some
less, and some without. Some may have extended families who may or may not care for them, while
others may be totally without family support. Some may have the option of going back to a standing
house while others may be entirely displaced. There may be widows/ single women/ divorcees with
extended families but wanting to live independently. Others may be willing to consider remarriage or to
take on the guardianship or adoption of an orphan child in the community. Their social and ivelihood
opfions will also vary according to their age, whether they are young or old, their caste and co~munity;
which will decide the kind of security they require. A Rehabilitation Policy for Disaster effected
victims should identify the numerous kinds of destitutes created based on such nomis, the
opportunities that should accrue to each, so that the nature of assistance and capacity-building
for each group by different service providers may be clearly outlined. This will reckce their
vulnerability
5.1 d We may look at some social and economic options . Under social option , (i) family recuikiing
and (ii) living alone emerge as two options, (i) the former is possible through adoption/remarriare. i.vinc
with extended family, relatives, or foster family, (ii) Living alone in the same village. Under exromic
options, (i) Skill development and vocational training (ii) Provision of house (iii) provision y land .
Availability of legal support systems, community and govt, officials’ sensitization to their "chts to
land/ROR; relief distribution and reconstruction teams should involve them, provision of interim sre.:ers.
management of which should be entrusted to them, assessment of existing survival skills, kn?(vecce.
A Rehabilitation Policy for Disaster Affected Persons should make Community Based
Rehabilitation of these special groups a key standard of assistance. It should lay dc-wn the
specific roles of Government and NGOs in these areas as well as a monitorrg and
accountability system that empowers community institutions. This policy should then be made
into a law.
5.1e For long term shelter preparations, rehabilitation of disaster affected BPL persons should
be linked to the welfare housing schemes of the government for the weaker sections Under
House Site Distribution of the 20 Point Programme (5th, 6th & 7th Plan) all landless labou~rs are
to get 4 decimals of land for construction of house site and 8 decimals if undergone family
planning operation - (green card holder). The Ninth Five Year Plan in ch 30, Welfare of S3. ST &
OBC throws light on Housing schemes provided by Govt, to SC scavengers and sweepers. 7ne
scheme is designed to be implemented through the urban local bodies. The unit cost of each ho.se nas
been fixed at Rs 9000/- of which Rs 4500/- is provided as grant-in-aid to the concerned Urban oca:
body and remaining 50% is met from their own resources. The unit cost of each house was evanced
in 1996-97. Besides land required for the purpose is provided free of cost by the urban loca ooc.es.
During the 9th Plan Rs 5.00 lakh has been proposed.
6.1 Shelter entitlements have not accrued to many of the vulnerable because of faulty system of
damage assessment over which people have no ownership or control. It has become a very
bureaucratic affair done by Revenue Inspectors and Tahasildars, sidelining many women ca.;ts:
refugees and migrants from being enumerated in eligibility list for house building compensaicn and
grants. But the non-inclusion of dalits and women in the process of damage assessment relates
Art. 16 which guarantees non-discrimination and created differential recovery pattern, t also
violates UN Convention for Refugees which gives them equal rights to public relief. Ths right
can be better fulfilled with the involvement of the loss-bearer in damage assessment .
Participation of women in identifying women victims who have lost their homes is very crucial.
In Maharashtra, after the 1983 earthquake the Rehabilitation Policy had a very strong guidefne for
involving the women in damage assessment which ensured that women were identified as vicims. A
State Level Disaster Mitigation Policy should emphasize upon Participatory Damage
Assessment Processes in which loss-bearers and NGOS can be involved. In fax the
«
I
c
involvement of the NGOs in the entire process of rehabilitation should be made statutory so as
to ensure that the fundamental rights of the victims are protected.
6.1a Damage assessment ought to be speedy, keeping in mind the vulnerability of groups like
SC, ST and women-headed households. Their vulnerability is more if there is delay . If they start
salvaging their materials to build their homes then govt, will not build it for them. So that the vulnerable
people do not forego shelter either way, the assessment should be quick. House-building assistance
should materialise before the process of salvaging begins. There is also a need for damage
assessment standards to be universalized to prevent conflicts and delay. The initial assessment
must be over in 48 hours, according to Saroj Jha, UN House II, and detailed assessment is to
be over by 15 days. The responsibility should be taken up by Orissa State Disaster Mitigation
Authority . In Bangladesh, a rapid approximation of damage is done within a day of the disaster
and information sent to the Thana HQ for immediateaction and restoration . It is later followed
by a detailed assesemnt.
»
6.2 Protective Discrimination norms are inadequate in the ORC for individual shelter/ house
damage compensation, housebuilding assistance and community shelter. Although
housebuilding assistance under Para 81 (4) entitles SC, ST, landless labourers and marginal
farmers, it does not mention women, especially single women, widows and destitutes, which is
a setback. Rehabilitation Policy should aim at protective discrimination in housebuilding grants and
loans such as IAY. While IAY has a 60% SC /ST targeting, there should be a similar targeting for
women-headed households/destitutes.
6.2a The status of migrants and refugees must be regularized by the State so that they are not
excluded from permanent shelter on grounds of lack of ROR, especially widows and single
women from these backgrounds . According to the Government, if the encroachment cf the migrants
and refugees has been before 1980 which is before the promulgation of the Forest Conservation Act,
then State Govt, can have a say in giving ROR to the migrants and refugees, according to Sic’dhant
Das, ED, OSDMA. But where encroachment has been after 1980, Central Government’s permission is
mandatory. But since the Government is not taking an open stand on the issue, the recovery
opportunities for these categories, especially the women , have been held in abeyance. The criteria of
encroachment before 1980 should be lifted so that these vulnerable sections may be properly entitled.
This will ensure the fulfillment of international covenants on human rights of migrants and
refugees as well as Art 15(3) and Art 15(4) the right to protective discrimination. If at all they are
shifted, then under the Rehabilitation Policy of the State, a subsistence/maintenance allowance
as proposed to be given to them for the wages/eamings lost to meet the daily necessities @ Rs
500/- per family given for one year to be counted from the actual date of shifting, should be
implemented. The policy also states that there may be provision for escalation every year and
the revision of the amount in every fourth year. The maintenance allowance may be updated
according to current prices .
6.2b Compensation for house damage should not be withheld against people residing on forest
land even if they do not have ROR. Question is not whether they owned land, question is whether
they had a home or not. This is according to the Expert Panel in the Public Hearing organized by CLAP
(Committee for Legal Aid to the Poor). Under the Orissa Rehabilitation Policy developed by the
Water Resources Department encroachers are supposed to prove occupation of the land for
more than 30 years. They will get only one acre of land if the encroached land is more than one
standard acre. Thus these biases are seen in corresponding policies of the state. Although the
30myears criteria is harsh, the cue that can be taken from this policy is that if giving land to
encroacher is possible for a project displaced person, it should be so for a disaster affected
person as well. But for proving residential status BPL card, name in voters list or census that
will be necessary ought to be regularized.
6.3The scale of house building grant should be fixed according to the real cost of building
materials under the Consumer Price Index. As per the recommendation by experts in the Public
Hearing, the scale of compensation for damage repair in housing should go up instead of being
evaluated by the prices of a decade back.
6.4 Housing needs under Minimum Needs Programme & Basic Minimum Services should be
fulfilled in the disaster prone areas as part of normal-period preparedness. Informal shelters were
not always friendly to vulnerable communities. Therefore, the need to strengthen individual housing of
vulnerable dalit, BPL and women-headed households, especially those living in low-lying areas. The
Provision of Public Housing Assistance to all shelterless poor families, Extension of Public
Housing Assistance to all shelterless poor families and Provision of Connectivity to all
unconnected villages and habitations assured under the Basic Minimum Services and Minimum
Needs programme of the State must be made a rehabilitation objective. For this there must be
legislation on Right to Housing and Government must seriously implement the Land Reforms
Act, 1960.
7.1 One of the basic principles of the Rehabilitation Policy should be that all adult members
should be treated as separate family units for purposes of rehabilitation. This should apply
irrespective of their sex and marital status, depending only on their sharing the joint family
resources. This is also a key principle underlying Rehabilitation Policies suggested for Project
Displaced Persons.
8.1 Need for Legislation on Technological standards in Housing & Shelters : The Poverty
Profiling and Need Assessment Study shows that in some olaces like Sumuda cemented houses built
under IAY have also collapsed in the cyclone. This shows the need to integrate the basic need of
housing of the SC, migrants, women-headed households and other vulnerable groups with cyclone
proof technology. Differential impact has resulted from the nature of housing which has depended on
economic status. Impact of the disaster has been more cn the SCs, the migrants from West Benoai
(Bengalis) and Bangladeshis (Muslims). While the latter are staying in the disaster prone areas along
the coast, the former are mostly landless people depending heavily on the agriculture wage. The study
has observed the houses of the SCs to be of wattle and daub type having no resistance to withstand
the disaster of even a lesser magnitude. In Noliasahi, all thatched houses have been fully damaged,
with heavy loss to property and loss of 233 livestock and 5 human lives. In Siali, Kalabedi, Ajgarbedi,
Kochilabedi, Sumuda all thatched houses have fully collapsed. There is therefore a need for
technology transfer to these sections of society who are vicums of differential impact.
8.1a The Indian Standard Code and the National Building Code have developed building codes
for different calamity prone regions . Building codes pertaining to areas with frequent visitation by
high velocity cyclones emphasize on (a) anchorage (b) bracing (c) connection as part of cyclone
resistant construction. Appropriate technology must be used for walling, roofing, foundation, doors and
windows fixing, etc. using materials like mud, stone, steel, cement, concrete, roofing materials.
Institutions like SERC, Development Alternatives should be brought into the picture. The Sphere Project
abided at an international level by INGOs, NGOs and the Govts of 10 countries has also developed a
set of technical standards with an aim to improve the quality of assistance in emergency response.
Both Govt, of India & State Govt, should institutionalise these norms in their Rehabilitation
programme. Technical assistance must be sought from specialized institutions in low-cost , disaster
proofhousing. Appropriate Building Codes and compulsion to adhere to them through legislation
is necessary for safety. For instance, prohibiting construction below the past flood levels are
c
necessary. In Maharashtra, after the Koyna earthquake of 1967 the seismic zonation of three districts
of Maharashtra were upgraded to Zone 4. Now 13 more have been upgraded to Zone 4 after the 1993
earthquake, declaring nearly half the state earthquake prone. Such a legislation is required to mitigate
the future impact of disasters. But the formulation of a code is not enough It has to be abided by and
not evaded. The Maharashtra Emergency Earthquake Rehabilitation Programme, although legally
bound by a building code, became prey to corruption both by implementing authorities and local
people/houseowners. Ultimately, the seismic safeguards that were supposed to be built into the
construction did not materialize. Structural Engineering Dept, of Roorkee University which has been
able to provide cyclone-proof low-cost housing within Rs. 12,000/- in Andhra Pradesh should be roped
in.
8.1bAnother area where technical assistance must be sought for shelter entitlements is in the
area of alternative non-conventional sources of energy for fuel and lighting. Both solar and
micro-hydro options should be explored in these areas with investment by both government
and NGOs. Guidance can be sought from Development Alternatives, and Centre for Appropriate
Rural Technology, Mysore. Entitlements to electrification and cooking energy covered under
Basic Minimum Services and Minimum Needs Programme should be combined with these
alternative technological standards.
9.1 Uniformity in Quantum and Size Standards in Housing is necessary: Uniform standards are
required as there are numerous players in the housing field, Govt., NGO, INGO, private parties. The
Minimum Standards should be laid down below which it should be considered against the dignity of the
individual. A standard of entitlement will ensure that it is not left to the discretion of the providers. Size
can be based on family size norms . All resource providers should decide on the norms based on
the needs of the people, keeping in mind Art 16, i.e., Right to Non-Discrimination. According to
the Charter of Humanitarian Assistance, shelter and site planning should have as its objectives :
(i) to meet the physical needs of individuals, families and communities for safe, secure and
reasonably comfortable living space, (ii) to meet their primary social needs incorporating as
much self-sufficicency and self- management as possible. Housing should take into account
provisions for drinking water and sanitation.
10.1 The National Housing & Habitat Policy should be made an Act. Nearly 1% , about 15 lakh
houses of the housing stock of the country is destroyed every year due to natural hazards. The Policy
addresses the housing needs of the poor, housing with basic sanitation facilities. It states a demand
based approach to housing, looking at what people want, using technologies of energy-efficiency,
quality. It addresses specific needs of women headed households, SC/ST disabled population, bonded
labourers, slum dwellers. It looks at housing sector as one which can generate employment for the
poor. The norms of quality and cost-effectiveness of the National Housing & Habitat Policy
should be implemented through the various housing schemes of the govt, and should be
reflected in the kind of structure, design and materials offered to people through these schemes
of house-building grants and loans.
11.1 There is need for coverage under housing and life insurance schemes which are lowpremium based. These schemes of insurance companies, such as the ‘hut & paisse’ scheme
and Janta Personal Accident Scheme need to be popularized . An Emergency Risk Reduction
Fund needs to be created with the Departments concerned with housing and with OSDMA to
strengthen shelter capacities.
12.1She!ter Provisions for Cattle : Bangladesh’s shelter provisions for cattle should be taken
note of by building high mounds in the vulnerable areas in whose preparation the PRls can play
a key role. A revolving fund from the community can be fed into its maintenance.
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13.1 Policy gap in Flood Control & Management :
13.1a In the early 1970s, A.N. Khosla, Governor of Orissa also a renowned engineer put up a plan for
flood control and irrigation. It had 3 components - (i) connecting the rivers with tanks through
canals. So surplus water is suitably utilized and overflooding is avoided, (ii) multi-purpose
projects on rivers (ill) lift-irrigation projects to tap underground water. While the latter two were
and are still being carried out, the first was not taken seriously. The alternative to dams such as
diversion weirs (diversion created through creation of a door) should be explored through canals (like
Taladanda canal.)
13.1b While GOI and the State of Orissa seem to have invested in a Flood Management Policy of
structural methods such as dams and embankments, Bangladesh seems to have a twin approach of
structural and non-structural approach. The former has very little people-focus, involves displacement
and is more cost-inducing involving great damages to life and property if they break down is also more.
The Water Resources Dept should address non-structural means of flood management such as
(i) flood plain management or zoning and (ii) managing the impact on vulnerable people. Flood
plain management involves the regulation of land use patterns and latter involves introducing
loss-sharing systems by government and community. Evolving Disaster Insurance Funds at the
level of both Government and Community is essential here. To some extent loss-sharing
mechanisms are provided for by the provision of ex-gratia compensation, subsidised loans for
housebuilding but these need to be strengthened and their delivery more vulnerability-oriented.
A Rehabilitation Policy should stress on greater investment in the area of managing the impact
of flood on vulnerable people.
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vi
13.1c The role of the community in maintenance of embankments should be part of a Disaster
Mitigation Policy. This has also been pointed out by ex-SRC K.S. Srinivasan. The Embankment
Construction & Improvement Act, 1950, enacted by the State also specifies the role of the users
in maintaining the embankments. Any public structure should be maintained through public pressure
on elected representatives and bureaucrats, especially the former. Public action can act as a
tremendous force for accountability. However, the community needs to be capacitated and mobilised
for the same. The role of NGOs is high in this area. As part of Flood Management Policy, some suggest
that maintenance of embankments be met out by hiking irrigation rent which has been kept low.
However, in Bangladesh, settlers living close to the embankments contribute seasonally and annually to
plantations on the embankments to prevent soil erosion and raising the heights of these structures.
This contribution is offset by the enjoyment of usufruct rights. The Bangladesh government is bound by
a bond signed between itself and the village committee to make a contribution for the maintenance of
these embankments.
13.1d Wherever embankments breach, spurs were built to give local protection, but they have
become very unplanned and short-term, according to K.S. Srinivasan. There is a separate fund
for flood damage repair, but major criteria in damage being funded from this source is the
clause that restoration should be restricted to status quo ante. But breach has occurred
because status quo ante was inadequate. So, this criteria ought to be changed. Actually, repair
ought to be a permanent repair, based on an engineer’s certification.
13.1e The Coastal Zone Regulatory Act is another law for the protection of the coastline. This is to
achieve a kind of flood zoning which restricts certain kinds of activities, structures that may make it
vulnerable to d'sasters. But one finds a contradiction between the shelter rights of the refugees and
migrants and protection of the habitat through the use of these laws. There is need to explore if these
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people can continue to habitate during normal period using forest area sustainably or through joint
forest management, and moving to other locations only during risk period.
13.1f Laurie Baker actually suggests the making of human-made hills as part of flood management
policy instead of going on building colonies and villages and town extensions on flood prone land,
without taking the rational step of making the hills. Although this would cost double that of building a
house, the annual repairing and rebuilding of flooded and flood-collapsed houses will cost even more.
In order to find earth to build human-made hills, permanent water channels can be dredged, and the silt
and soil can be used for making of new hills. (Shelter During Disasters - Laurie Baker, India
Disasters Report)
13.1g Flood Control Policy should target drainage systems & flood plain management,
connecting rivers to tanks through canals and loss-sharing systems rather than construction of
more dams which are resource draining, anti-people and create more floods. But entire money
on canal maintenance is spent on Muster Rolls, according to K.S. Srinivasan, who served as
SRC for almost a decade in the 1980s.
14.1 Policy Gap in Cyclone Control Policy :
14.1a Shelter-belt Plantations & afforestation : Para 126 of the Code addresses the construction of
tidal breakers, shelter plantations/ coastal afforestation, bandhs and embankments to reduce
vulnerability to storms, cyclones and tidal surges. The Environment Protection Act, 1986, is an Act
to provide for the protection and improvement of environment and for matters connected
therewith. One reason behind this Act is the growing risk of environmental accidents and
threats to life-support systems. The eminent jury in the Public Hearing organized by CLAP
(Committee for Legal Aid to the Poor) also declared the need for coastal afforestation. This Act
needs to be implemented seriously.
14.1b But as one sees the dependance of several dalit, migrant and refugee families and womenheaded households on the mangroves, the use value or livelihood value of the envircnment/forest must
not be sidelined. Settler’s Rights should be a key area of concern in the Rehabilitation Policy. Art 39
which guarantees the Right to adequate livelihood should not be impinged upon. Instead opportunities
for joint forest management should be addressed by the government But according to Neera Singh
from Vasundhara, the people’s process that ought to evolve for this is at a very nebulous stage.
Moreover, community bonds and relationships are in a very fragmented state due to new material gains
in the society, power imbalance and distrust. Joint forest management can be feasible only after
cohesive binding of a responsible community.
14.2Community Shelters : Although policy provisions exist for the building of community shelters,
there are no specifications to socio-economic vulnerabilities in location and use. Construction of
cyclone-shelters should take into account ramps for disabled people. Non-discrimination
should be built into the environment to protect the rights of the disabled as specified in the
Persons with Disabilities Act. These shelters can also act as emergent shelters for destitute women.
But there are no provisions for how these community shelters will be managed and maintained,
what are the items to be stored, norms of quantity, quality, expenditure, distribution. Provisions
for drinking water and sanitation should be of top-most priority in these shelters. In the last cyclone,
these community shelters became almost death houses in the absence of such basic things. In the
Poverty Profiling and Need Assessment Study done by Action Aid, the villagers have pointed to
three basic requirements to be placed in these shelters - (i) 2 power boats to ferry people during
disasters, (ii) one overhead tank to store drinking water for enough supply during disasters and
(iii) enough stock of food grains and medicines for use during and after disasters. Shelters
should be housed at a close level to community, not more than 3 kms, for easy access and should be
used during normal times. The State Govt, has already taken a decision about multipurpose shelters
by combining it with the reconstruction of schools through Operation Black Board. In Bangladesh,
where community shelters are used by NGOs for their activities, the maintenance costs are borne by
them. The State Govt, has now developed a Master Plan for 512 multipurpose cyclone shelters within
10 kms of the entire coastline based on a satellite survey done in January 2000. State Government is
to build 40 numbers with World Bank assistance, according to Siddhant Das, Executive Director of
OSDMA.
14.3 There is need for both structural and non-structural flood control measures. But the
former cannot compensate for the lack or inadequacy of the former. Reducing the impact of
flood and cyclone is most important through reducing loss-burden on the vulnerable sections.
Flood Zoning and Afforestation also should be considered important with zones of prohibition followed
by zones of restriction and zones of land use. This is as part of modifying the susceptibility to floods.
Modifying the flood has displacement costs and environmental costs apart from the obvious economic
ones. Risk-reduiction measures as part of modifying impact of floods should be more strictly built into
planning - evacuation, disaster response, tax relief, credit .insurance.
14.4Policy should lay down clear standards of sheirer assistance to different categories of people.
There should not be any ambiguities. And both materialist and non-materialist aspects should be
addressed as specified under the Sphere Project. The Setting of Standards has to be followed up
by (I) training in the areas of values & attitudes, knowledge and skills .The Bangladesh Standing
Orders, while it may not answer to standards of gender sensitivity , has atleast standards of technical
competencies of the various Government Departments, the Community Volunteers, NGOs, Defence
Forces.(ii) a framework of accountability must be set up within the community. Social audits with
good frequency should be built into the system & organised within the community as a space to
inform public, to check corruption & ensure vulnerability targeting. There should be co
ordination between the Government, NGO and community for this.
15.1 The NGO sector needs to develop a Contingency Plan for short term and long-term
capacity transfer keeping in mind the norms of protective discrimination. It also needs to build
up sensitive cadre or person power who competencies in strengthening community Institutions,
developing information systems, and who are trained in appropriate technology and
humanitarian standards of assistance.
16.1The Disaster Mitigation Policy needs to empower community institutions so that
accountability to them by all those intervening is legitimized. The Policy should emphasize on
making the community a key stakeholder in this manner. This policy should then bne made into
law. Community institutions like palli sabha, panchayat, village committee, rehabilitation and
reconstruction committees like Punar Nirman Sabhas, lok adalats, mahila sanghs, SHGs, co
operatives, youth clubs, institutions like Mamta Gruhas and Sneha committees should be
strengthened by Government and NGO efforts during rehabilitation and normal period
preparedness. These institutions can be trained in areas of damage assessment, official procedures
for claims, information systems like HAM radios, monitoring quantitative and qualitative aspects of
reconstruction activities of individual housing, community shelter, roads and flood control works. These
community institutions should be represented and owned by the vulnerable groups like women, dalits,
migrants and refugees. They should evolve their own standards of assistance and laws keeping in mind
human rights and need for protective discrimination. A community which has its own laws will be able to
decide what kind of intervention is needed and acceptable from the various service providers and what
is objectionable and to be rejected. The minimum standards of assistance should be researched for
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each region highlighting the role of Victims, Service Providers, Government, Donors and International
Agencies. Community institutions must play a key role in evolving these standards.
16.2 Aberrations are observed however in empowering these community institutions. Although
the State Government has been part of the process of preparing a Community Based Disaster
Preparedness Plan, it has been sidelining community based institutions like the Panchayats.
Presently, one is observing that many programmes which were under the powers of the
Panchayati Raj dept are being diverted to Rural Development Dept. In a newspaper report in The
New Indian Express dated 6th September, Rudramadhav Ray, All Orissa Panchayat President has
made a demand that the implementation of the Prime Minister’s Gramodaya Yojana (PMGY) and rural
connectivity programme programme be placed with the Panchayati raj Dept, for better result in a more
transparent manner. According to him, under the Tenth F nance Commission’s recommendations the
panchayati raj department had received allocation under the rural connectivity programme from 19972000 as nodal agency. This programme had been successfully implemented and a number of villages
were provided with all-weather road facilities as per guidelines of the govt. Ray mentions that the
Govt, decision violates a Govt of Orissa notififcation issued on December 25th 1993 which stated
that all matters related to Prime Minister’s programmes are responsibility of the Panchayati Raj
Dept. The AOPP President said that PMGY aimed at providing all weather road connection to
every habitation, improvement of panchayat samiti and gram panchayat roads should be given
top priority and its planning and execution should have been done by the panchayats as per
article 243 (G) of the Constitution. In the same article, Ray alleged that though a huge amount of
fund was placed with rural development dept, under the rural connectivity programme for the last three
years, the standard of work was far below compared to work conducted by the blocks and the 60% of
the funds was unspent. Now 212 crores has come from the center for this programme.
16.3 Finally, for community to emerge as a key and active stakeholder in the whole process of
mitigating disaster impact the Right to Information is a definite area of legislation. Community must
have easy accessabiiity and right over information with resource and service providers so that they may
be better able to plan their preparedness and recovery. The Minimum Needs Programme and the
Basic Minimum Services under the Five Year Plan must be seriously implemented as they
constitute the basic entitlements for protection against disasters.
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HEALTH & EDUCATION
According to the White Paper of the State Government brought out in December 1999 the total
number of blocks affected were 97 in 12 districts. The number of primary schools damaged was
14,901 and the number of high schools and colleges damaged were 3425 and 66, respectively.
(Orissa Supercyclone. Emergency Information Pack. UNICEF, Bhubaneswar) A significant number
of Anganwadi centers (local community health and care centers for women and children) were
damaged in the cyclone, with a resulting impact on the local health care that could be offered. Many
ICDS buildings were also destroyed or damaged. An estimated 19,000 schools have been damaged
by the supercyclone and a further 8,000 totally destroyed. This has had an impact on the provisions
of local health, education and other welfare services for children.
We have mentioned in our introductory note that there are crucial links between health, education, disaster
and development. Health and Education needs of the people have already been mentioned as two core
needs recognized under the Minimum Needs Programme of the State as well as provision of health services
under the Basic Minimum Services (BMS). The availability of health insurance and education facilities to the
more vulnerable groups like children, women, aged and disabled , especially from under-privileged socio
economic backgrounds, will determine their adaptability to disasters with humanized coping mechanisms.
Health status of a people is directly related to the accessability to nutritious food, all components of shelter,
educational levels, health infrastructure in the right quantum in the right quality in the right time. On
education depends the income, livelihood, and health opportunities that people as it expands the skill base.
Thus, there is need to look at these aspects inter-sectorally rather than in isolation when one is talking
about mitigating the impact of disaster on the vulnerable. Healthier and better-educated people are more
capable of self-help and more able to contribute to their own protection and development.
To emphasize a point, the normal period health and education delivery mechanisms of the state and the
delivery mechanisms during rehabilitation and reconstruction stage are interwoven with development
process and opportunities. During the relief period health is dependant largely on the emergency supplies of
the govt, such as blankets, polythene sheets for shelter, ORS, emergency quick-relief drugs against
epidemics, disinfectants like bleaching powder and halogen. The rehabilitation and reconstruction phase
presents itself as an opportunity to create equity in society, to consciously prevent restoration to status quo
ante that was iniquitous.
People’s health and educational entitlements are secured under the constitutional provisions such
as Art 39 (e) and Art 47. According to Art 39(e) of the Constitution, the State shall direct its policy towards
securing health and strength of workers, men & women and under Art 47 the State is directed to regard
the raising of the level of nutrition and the standard of living of its people and the improvement of public
health among its primary duties. Art 39 addresses directives to the state to secure the Right to
livelihood for the people which if interpreted also implies right to education.
The availability and accessability of adequate health and educational infrastructures, and institutional
mechanisms from within the vulnerable sections of the community to own and use these structures will
determine adaptability and recovery from a disaster. Thus it becomes essential here to look at the range of
health and educational entitlements accruing to women, children, disabled, children in especially difficult
circumstances like orphans and destitutes, the aged, especially from the poorer sections. Such policy
investment in human capital will lead to expanded skill-base, productivity and self-reliance.
IMPLEMENTATION GAPS IN HEALTH & EDUCATIONAL ENTITLEMENTS
1.1 Under the Orissa Relief Code, para 7, Nature of Relief Measures, the Nutrition and
Supplementary Feeding Programme has been mentioned as one of the relief measures to be
taken by the state as well as health measures and veterinary measures. The arrangements of
food stuff and stocking and stocking of food gains in strategic places is yet another related measure
which concerns health. The last we have dealt with under Food security.
As part of preparedness measures, the Health & Family Welfare Dept, will conduct the nutrition
survey, take steps to immunise pregnant women & children against tetanus, the Women &
Child Development Programme is to run the supplementary feeding programme out of funds
from the Relief Budget. The ORC states that CARE assists with the supply of food stuff.
According to Para 210 of the ORC, Mother & Child Care centres are to be started in each village
or group of villages affected by scarcity and distress. These centers are to provide the minimum
health & nutrition needs of pregnant women, pre-school children and nursing mothers -nutritionally the
most vulnerable section of the community. They will try to meet the gap between the minimum nutrient
requirements of these different groups and the food intake at home. Severe malnutrition will be treated
through nutritional therapy and preventive measures will be taken through public education. Providing
the minimum level of nutrition for each of these categories in each of the affected areas, immunization
requirements, clean drinking water and environmental hygiene falls within the responsibilities of these
centres.
9
1.1aThe ICDS and Anganwadis which are supposed to provide the health and educational back-up for
children from poor families as stated above were not able to provide nutritional and health facilities
adequately before and after the cyclone. Many Anganwadis according to the Plan Document of the
State are operating without shelter. Out of 47 non-ICDS blocks in the state 41 belong to the
cyclone affected areas. Out of these 41, only 2 were sanctioned in December 1999. The State
Govt, expected Central assistance for the remaining 39.
ICDS has not been restored yet in many affected areas. Even where food is reaching for the Mid
Day Meal scheme, children cannot avail it in places where they have already become child
labourers, according to Centre for Women and Child Development.
A study done by CLAP on the status of ICDS centers in Chatua GP, Erasama block of
Jagatsingpur district between July-August 2000 reflects on the failure of the ICDS programme.
There are 5 ICDS centers running in this GP. The key findings of the study point out that: (i)
there are no permanent structures for these centers. While 4 run under open tents, the last is
functioning from a half-built community centre. Due to lack of structure, there are no sanitation facilities;
learning in the open is also inhibiting girl students to learn by the play way method
(ii) There is no drinking water facility nearby.
(iii) locations are unsuitable and inaccessible as several children have to walk more than one and a
half kilometers to reach it. Although the registered strength is 40 in these centers, hardly 15 or so
children have been going after the cyclone
(iv) weighing instruments to take the weight of the child, washed away in 2or 3 of the centers had not
been restored. At another level, it is also pointed out that mothers are resentful of physical
measurements involved in nutrition surveys.
(v) Children used to go to some of these centers only for the Mid-Day Meals, during normalcy. These
meals are provided according to the Supplementary Nutrition Programme of the State. Although,
attendance at the eating time has been more after the cyclone, 80% of the children take the food away
to their homes. The standards for ICDS food specify 80 gms of wheat,15 gms of moong dal, 220 gms
of molasses cooked in soyabean oil, per head per day. For malnourished children and expectant
mothers the quantity of the food is doubled. There is also provision for dry food for expectant mothers.
But the quality of food is so poor it is not known whether the children have it themselves or it is given
away to their cattle
(vi) educational aids that should have been provided to these centers are absent. So, the Anganwadi
teachers' training in those methods is also going waste
(vii) the Nutrition Surveillance system set up in the ICDS centers is not effective. Monitoring and
reporting systems are not streamlined. In many places the Supervisor and CDPO do not visit the
centers. The former is supposed to visit atleast once a month the three centers under him. The CDPO
of a block should atleast visit once every few months. There is barely any reporting to higher authorities
regarding the results or gaps in the surveillance system. Furthermore, most of the centers lack
sanitation and drinking water facilities.
(viii)The involvement of community and its ownership is lacking, elements that are high in the Tamil
Nadu experience of ICDS management . People neither interfere nor co-operate. They are highly
skeptical of the educational benefits of these centers. Also, since the Anganwadi worker is a local
woman, she is not taken seriously. The anganwadi workers expect greater co-operation from the CDPO
to mobilize the community which too is missing.
(ix)The financial position of these centers is also very weak as each ICDS centre is given only Rs
1000/- for meeting medicine expenses of malnourished lactating and expectant mothers. But both APL
and BPL categories have been availing this.
(x) The Anganwadi workers are badly remunerated - they are paid Rs 500/- per month, that too,
irregularly, once in 2 or 3 months; they get a travel allowance of 20 paise per km to lift food stocks from
the block every month - an amount which is paid to them at the end of the year. Along with this, their
unorganized status add to the poor functioning of the ICDS . As a result, poor families are forced to
access health services from other quarters, thus increasing their vulnerability at the time of a disaster.
c
1.1b The failure of ORC objectives and entitlements are further supported by the high Infant
Mortality Rate and the low Literacy levels which are indicators set by the Human Development Index
and the health indicators set by the state in its Plan document.
The first contradiction between the objective of reducing infant mortality and Maternal mortality
is in the Infant Mortality Rate. The Human Development Index points to the Infant Mortality Rate
and Maternal Mortality Rate as key indicators to signify the health of a community. Infant mortality
rate is the highest in Orissa. It is 98/1000 and 739 per 1,00,000 live births respectively. (New Indian
Express, September 12, 2000) Maternal mortality rate is also high in Orissa. - it was 740/1,00,000 before
the cyclone. This is a reflection of the quality of Maternal health care provided by the state as well as health
care provisions in the first year of the child. The under 4 malnutrition rate was 53% and the population below
poverty line was 21 million out of a total of 35 million before the supercyclone. (Orissa Supercyclone.
Emergency Information Pack, Unicef, Bhubaneswar.) The failure of health entitlements of mothers
and children under the ICDS, Supplementary Nutrition Programme is a violation of Art 15(3) and
15(4) Right to Protective Discrimination and directives to the state under Arts 39(e), 47 and 41.
2.1 Health is directly related to availability of the number and nature of shelter and availability of
safe drinking water, the availability, quantity and quality of food, accessability, connectivity
infrastructure for medical services to reach . However, Health & Educational insurance systems
were inadequate during normalcy and unprepared for disasters.
2.1a The Study also points out that the villages which had poor access to health and sanitation
facilities during normalcy were the ones which had difficulty in availing medical attention in
time. This was true of villages like Siali, Kalabedi, Sankha, Athagaria, Balijori and Pariabeli. For
6
instance, villagers of Pariabeli travel about 7 kms normally to reach the PHC.; during rains the distance
of travel is nearly 15 kms. Balijori villagers travel about 10 kms to reach the PHC that is located in
Baramunduli the panchayat HQ. Communication wise all these villagers are cut-off. For them it is a
traumatic experience carrying a patient on a cot or bamboo poles tied with cloth all the way. A PHC or a
sub-centre in their areas would have reduced their vulnerability.
The villages that had drinking water problems in the pre-disaster period were more vulnerable to
diahorrea. For days people drank polluted or saline water. Most of the tubewells became dysfunctional
after the cyclone. At many places, the government installed fresh tubewells and repaired others, but the
crisis prone panchayats like Kusupur and Baramunduli remained untouched
This fact of differential enjoyment of development infrastructures during normalcy created
differential impact and recovery is also supported by the Lok Yojana exercise done by the
villagers of Pradhangheri village, Padampur GP, Erasama block. The people of Pradhangheri
village, used to access health services from a government ayurvedic dispensary located at Padampur
and 2 private homeopathic clinics in the village. But for emergencies and casualties they were
dependant on the PHC located in Erasama, i.e., 27 kms away or used to go to Padampur. The
seriously ill patients are carried to these hospitals. Due to lack of all weather roads and irregular
service of public transport it is very difficult and fatal to take such patients. What health care these
people would have got from the PHC in Erasama is for anybody to guess, when it did not even have
basic equipments for stool and urine test, the doctors did not want to keep the patients there. The
health care services were being carried out by 8UCI and other volunteers. This is a failure of the health
delivery mechanisms of the government, during both normal period and emergency.
>
2.1b Differential availability and access to shelter also had differential health impacts. More than a
thousand cyclone shelters have been recommended for this coastline out of which only 23 existed
before the cyclone, 16 in Kendrapara. The only one in Jagatsingpur district is in Padampur. People were
forced to be out in the open, braving the wind and water, without food and water preparations; those who
accessed shelter were compelled to stay on for 4/5 days without relief. Nowhere along the entire susceptible
coastline from Orissa to Bengal was any government machinery activated to evacuate vulnerable sections.
These shelters having capacity to house 2000 turned into death traps without sufficient drinking water and
sanitation facilities..( In Memory Of Countless Victims, Supercyclone Orissa 99. Health Spectra, A
Special Bulletin. A Journal of Medical Service Centre)
According to the Participatory Poverty Profiling Study, during the cyclone, people stayed outside under
the open sky. There was heavy rain with the area being under water. The villagers had very little chance of
protecting themselves. Many stayed in water for more than three days. As a result they got severe fever,
cough and cold. The poor delivery mechanisms in providing emergent and interim shelter made children,
women vulnerable to respiratory tract infections and epidemics. By being in and drinking saline water and
mud water, they were affected with stomach disorders, fungal infections and scabies. After eating coconut
and raw rice for more than a week, people started having diahorrea. Those who were cooped up for a long
time in shelters suffered from pain in knee joints and backbone due to overcrowding during and immediately
after the cyclone. This was especially marked amongst the old. Diseases common in the study areas were
fever, cold, cough, dysentery, constipation, scabies and diarrhoea. But their magnitude increased manifold
after the cyclone. In the first month after the cyclone, diseases such as diarrhoea, scabies fever, cough,
measles and headache broke out extensively causing some deaths. In places like Ajgarbedi, chicken pox
and measles broke out affecting especially the children.
3.1 The CDMO, as per ORC provisions, is to oversee preparatory arrangements for health and
sanitation in the risk periods. However, the sanitation coverage in the state, before the cyclone was only
4% and access to safe drinking water was 8% through the Drinking Water Supply Programme. The Plan
Document of the State shows that the Rural Drinking Water Supply Programme consists of (i) Rural piped
water supply scheme(ii) handpump tubewells and (iii) sanitary wells . The government has failed to
implement its own policies.
3.1a Governement was not prepared with stocks of halogen, bleaching powder & other disinfectants,
spare parts for damaged tubewells; there was acute shortage of halogen and safe drinking water.
Govt, has failed to fulfill its own standards of health care as specified in the ORC. Preparedness provisions
in immunisation, stocking, were totally inadequate. Government Dispensaries were without staff to man
them. Epidemics were controlled only by intervention of outside agencies like MSF, Medical Service Centre,
(Red Cross, Calcutta) and other voluntary agencies.
ORC provisions to meet drinking water requirements of affected populations through provision and
repair of tubewells have been differentially implemented. Acute drinking water problem still exists in
many places, especially where normal period deficiencies existed, as pointed out by grievance cases
taken up by the Human Rights Network.. The problem identification done by the villagers of Pradhangheri
village, Erasama block, Jagatsingpur district, done 7 months after the disaster reveals that potable water
continues to be a major problem. There were two shallow tube wells (up to 25 ft) in the village before the
cyclone. The water due to salinity is not potable and is used by all the 61 families for cleaning of clothes and
utensils and cooking. Earlier they used to fetch drinking water from the village ponds but after the cyclone,
water in these ponds have become highly saline, not fit for consumption. Thus, they now have to travel 1
kilometre to the cyclone shelter at Padampur where a tube well yields sweet water. All the 61 families have
now become dependant on this one tubewell.
The Poverty Profiling and Need Assessment Study done by Action Aid in Erasama and Balikuda blocks of
Jagatsingpur highlights the differential impact and recovery process by pointing out the drinking water
problems in migrant villages. Ever since the Bengali migrants from West Bengal occupied Kuspur and
Baramunduli GPs under Balikuda block, they have been facing serious drinking water problem. The ground
water level is low. Villagers in the region feel that deep bore wells are the alternative to their water crisis. A
well, dug about five years back in a village called Dandabedi near Pariabeli did not reach fesh water level
even after digging for about 1000 feet. Athgaria and Balijori have similar problems. At Athgaria, villagers
cross a river and travel about 2 kms to fetch drinking water. For this they pay Rs 3/- for every trip they make
which makes the water they drink very expensive.
4.1 The ORC states that the Health & Family Welfare Dept, shall deal with the disposal of unclaimed
dead bodies while identified ones can be handed over to relatives. The Fisheries & Animal
Resources Dept, is responsibe for disposing of animal carcasses. In the absence of claimants this
will be done at govt. cost. The Code also states that police assistance is required for disposal of dead
bodies. However, police behaved like passive onlookers, exposing their unpreparedness for emergencies.
But major work of rescue has to be done by police, volunteers and help from the Army. In places like
Erasama, the police understated the death rate; they had no records or enumeration ofcarcasses.
5.1 Although ORC addresses women and children from their health rights perspective, even this
provision is incomplete, there are no service standards set for medical help. For 24 panchayats in
Ersama, there was one PHC and 2/3 sub-centres. With 1 doctor and 1 caretaker, a distance problem, health
was neglected immediately after cyclone. There is no sensitivity to standards of services - such as in
gender composition of service providers. There were no lady doctors to deal with specific ailments of
women. This has resulted in women being neglected in health care and chaotic management of
health centres. Women had miscarriages out of shock. Trauma was high but there were no
psychiatric Treatment Centres. Only social counselling was provided for. Food was main focus and
so, health became neglected. Many health problems have also emerged due to suiyival strategies.
Cases of sexually transmitted diseases like gonorrhea, an outcome of organized prostitution, are being
observed in some places like Kunjakothi dispensary run by Sarvodaya Samiti..
6.1 Cattle Health : The Director, Veterinary Services, and Animal Husbandry may make necessary
arrangements for prevention of cattle epidemics at the time of distress. Necessary animal health squads
with medicines, vaccines and other equipments may be kept ready for treatment of cattle diseases.
Adequate medicines to be stocked in the dispensaries of the area. As part of preventive fodder arrangement
people may be given liberal advances, according to the Code to construct temporary wells , purchase
fodder seeds. During emergency when people and cattle are encircled by flood waters for more than a day it
would be necessary to provide fodder to keep the animals alive. ‘Kunda’ may be sanctioned by Collectors,
not exceeding 1kg per animal per day upto a maximum of 3 days depending on severity of flood. There
were no such arrangements in place.
7.1 Regarding the Educational Entitlements, the Constitution of India under Art 45 casts an
obligation on the State to provide free and compulsory education for all children until they
complete the age of 14 years. The Conference of Chief Ministers held on July 1995-96 has
recommended Universalisation of Elementary Education as one of the components of the Basic
Minimum Services . Accordingly, in the Ninth Five Year Plan the Universalisation of Elementary
Education has been accorded over-riding priority. The National Policy on Child, 1974 is a policy
to protect and ensure ‘best interests’ of the child. The 83rd Amendment to the Constitution
assures free education to children till the age of 14 years.
The Poverty Profiling and Need Assessment Study done in Jagatsingpur proves the gaps in the
achievement of these policy provisions. Many of the coastal villages covered by the study did not
have government schools. In Nandera, Balikuda block, villagers are running a high school on their own.
The students are charges Rs 25/- as tuition fees. Two teachers appointed for the school are paid Rs
1200/- each , out of this money. Similar situations are marked by in Siali and Kalabedi. A non-formal
school was being run by the government in Sankha village before the cyclone. After the disaster, the
school was being run by a NGO that pays a collegiate volunteer Rs 300/- per month to teach the
children. The study pointed out that that the key educational needs of those areas were repairing of
primary school buildings which were not pucca structures to start with; student counseling and provision
of study materials according to their needs in the different villages. Another problem area in accessing
education pointed out by the study is communication. Crossing rivers to go to school is a hazardous
affair for Balijori, Badakul and Sankha villages. During the entire rainy season, the children are,
therefore, not allowed to go to school.
7.1a The grant of educational concessions has been mentioned under Para 7, Nature of Relief
Measures, in the ORC. Thus this is one of the measures that the government is expected to take if an area
is declared to be in “distress”, subject to the directive of the Board of Revenue/Special Relief Commissioner.
The chapter on Administrative Relief Organization in the ORC also lays down the responsibilities of the
Mass Education Programme. This department is to provide relief measures to student and educational
institutions in the affected areas, mobilizing student volunteer force when needed, and restoration of
damages to educational institutions and buildings. However, there have been delays in book banks
being started. Many School buildings are yet to be restored. In many places as evidenced from the
Fact Finding Team from CLAP, school children are being taught in the open without shelter,
sufficient books and notebooks. No volunteer student forces were created.
7.1b Para 38 of the Code also addresses the Relief to students and educational institutions, in case
of serious distress conditions occurring to the people consequent on a wide spread natural calamity,
resulting in suspension of collection of taccavi loans in certain villages. Govt, may consider the grant of
any of the following as relief to the students in such villages, (i) Grant of full freeship (ii) Distribution
of text books free of cost to primary school children (iii) remission of tuition fees and examination
fees. This provision also states that the question of payment of full deficit to aided institutions may
also be considered.
In contrast to these provisions, the shortage of basic classroom materials has been a major concern
for all those committed to restarting education in the cyclone affected areas of Orissa. This has
been pointed out by the TISS study report and the UN assessment . Panchayat libraraies, book
banks are not available in each panchayat or village. The school building restoration is being
carried out through Operation Blackboard under the Panchayati Raj. These are designed as multi
purpose shelters. Apart from destroying civic pride and community’s sense of ownership over key
community sen/ices, the lack of school buildings reduce the opportunities for girl children to access
learning. In pre-disaster times the opportunities are fewer for girls because of social pressures. The people
of Pradhangheri have pointed out in their problem identification that girl children are backward in education
as they generally take care of younger siblings when the parents are at work, and help their mothers in the
collection of prawn and fish seedlings. There is difficulty of finding a match for her and they have to append
more on her dowry if she is educated.
8.1 Protective discrimination in health and education assured under Art 15(3) and 15(4) of the
Constitution are violated. The assurance provided under the Basic Minimum Services in the Plan
Document of the State remain unfulfilled. Provisions for basic needs and minimum self-help
capacities need to be made statutory so that implementation failures may be punishable.
8.2 The Orissa Essential Services (Maintenance) Act, 1988 is also violated. This is an Act to provide for
the maintenance of certain essential services and the normal life of the community of Orissa. Essential
service means any sen/ice connected with supply or distribution of water and maintenance of water works,
public health and sanitation, including hospitals and dispensaries, production, supply and distribution of
electricity including services of OSEB. any service connected with transportation of persons and goods.
Because health and education are the minimum needs required for survival and have the capacity to
redistribute opportunities, they ought to be amongst the first things to be restored in a community
to prevent debilitating effects. Thus Govt, has violated this Act.
8.3 The lack of restoration of health and educational facilities has had a greater impact on the
orphans and children in the pre-primary and primary age group, children from BPL,SC, ST, migrant
and refugee families. This shows implementation failure of ORC provisions to take care of children
in these age groups. Case studies collected through the observations and interventions of the
Centre for Child and Women Development from 4 different villages ■ Nendara, Panitira, Amarapet
and Dandabedi - of Kusupur GP, Balikuda block of Jagatsingpur district, show that distress is
more in the children who come from landless families, and are dependant upon shared cultivation or
fishing. The total number of distressed children found were 46, out of which 9 were orphans, having
lost both parents, and 37 belonged to single parent families. We cite some case studies :
Yudhisthira Das, who made his living by selling milk, in the Sandhakanda NAC area of Paradeep, died in the
Supercyclone. After his death, his wife and three children, Kunu Das, Jhunia Das, Nia Das, three daughters
and Kuna Das, a son, came back to their home village, Panitira, of Balikuda block after all their belongings
were washed away. His wife has no agriculutural land except the homeland which has also affected. She
has not received death compensation from the Govt, and is struggling to get work outside with the support
of relatives.The children who were studying in Sandhakuda before the cyclone, are now deprived of
education in Panitira as there is no school,; they are also deprived of health and all other basic necessities
of life. (Case Study 1, CCWD)
Satu See, a 7 year old boy of Dandabedi village, who has studied up to the 2nd Standard lost his father in
the Supercyclone. He is now living with his mother without going to school. The family is landless and
mother depends on wage-earning. (Case Study 2)
Bulu Rana, 15 year old boy of Dandabedi village who had studied till the 8th standard lost his mother, Nupur
Bala Rana, in the cyclone. He has not gone back to school. (Case Study 3)
Siva Mandal, a 12 year old boy of Nendara village lost his father in the cyclone and is unable to get
education. (Case Study 4)
Geeta Gochhayat, a 14 year old girl lost both her parents during supercyclone is unable to access basic
health and educational facilities. Her situation is very desperate. (Case Study 5)
There are many such cases where recovery process of children has been slowed down by
vulnerabilities like the child’s orphan status, poverty, dependance on relatives and non-existent or
unrestored infrastructure and institutional mechanisms to deal with their trauma, and to fulfill their
needs for health care and education. Where Mam ata Gruhas existed, they tried to take care of the
health and educational securities, but these were stop-gap arrangements and cannot compensate
for the lack of sustainable health and educational infrastructures, adequate person power with
adequate resources at their disposal to ensure quick recovery of the vulnerable.
POLICY GAPS
1.1 The gaps between ORC provisions and the Plans of the WCD Department should be fulfilled
for mitigating impact of disasters on vulnerable populations. Universal access to safe drinking
water and improved access to sanitation facilities to all by 2000 AD is a major goal set by the
Women & Child Development Dept, (i) To provide one handpump for a population of 150 in all
villages and hamlets; universal access to safe drinking water in all urban areas, (ii) Increase
coverage from 20% to 25% rural population and from 70% to 100% urban population under sanitary
facilities like excreta and garbage disposal, (iii) Achieve 100% in education on environment and
sanitation through course curriculum of both formal and non-formal education system up to the
secondary level. Its specific goals are - 100% access to primary education of adolescent girls,
provide adolescent girl schemes in all ICDS and non-ICDS project areas; prevention and early
detection of childhood disability, induction of disabled children (mild or moderate) to formal/nonformal. This will help achieve the constitutional provisions under Art 47.
1.2 If we look at the Ninth Plan Document of the State, we find that the focus of the 8th Plan in the health
Sector was to improve the access to health care for under-served and under privileged segments of
the population. This is to be achieved through the consolidation and operationalisation of primary,
secondary and tertiary health care infrastructure. One of the key health objectives stated in the Plan
Document of the state is to reduce infant and maternal morbidity and mortality. Apart from these,
control of communicable diseases, improved disease surveillance and improvement of hospital
services particularly at primary and secondary level are also its objectives.
1.3 What are the infrastructures that the state government promises in its plan document to build up?
According to GOI’s population criteria, there should be one sub-centre for 3000 population in tribal
areas and one sub-centre per 5000 population in other areas. The Plan states that Orissa required
6568 nos. of sub-centres in 1991, whereas in 1997 it had 5927. The existing gap will be attempted
to be filled up during the 9th Plan period ; additional requirements based on increase in population
will be filled by the GOI. The functioning of the existing sub-centres is handicapped by the lack of
physical infrastructure. Of the 5927 sub-centres in 1997, only 2582 have buildings of their own.
Efforts are on to get sub-centre buildings constructed through different sources of funding :
externally aided projects, district development funds, the Reproductive & Child Health Project. In the
9th Plan too resources under the Basic Minimum Services have been proposed to be utilized for the
construction of sub-centres. An amount of Rs 21 crore has been earmarked for construction of 700
sub-centres during the 9th plan. The population based criteria is grossly insufficient for PHCs
or ICDS centers as many communities get left out or are unable to access due to distance.
Location of these centers should be determined according to vulnerability of population so
as to reduce impact of disasters on health and to reduce response time as well.
1.4 There are no protective discrimination norms laid down to ensure that health and educational
facilities are made accessible to the orphans and children with single parents or those disabled.
Health and educational requirements should be considered integral to Total Rehabilitation.
2.10RC has not addressed the training of health volunteers and has not addressed traditional
health care coping mechanisms. The Code does not address the role of the community in raising its
group of volunteers who will be trained in basic health aspects of health and sanitation, repair of drinking
water and sanitation structures. Barefoot engineers need to be created in vulnerable villages who will
move between disaster affected areas to repair and change parts of tubewells to make them functional.
Provisions for mobile clinics, availability of generators for power, refrigerators to store drugs and
vaccines; fuel, .barefoot doctors, special lady doctors, child specialists, disability specialists,
mental health care specialists, should be addressed by a Disaster Mitigation policy. The Disaster
Mitigation Policy should address the training of a Core of Volunteers from the community in
different sectoral areas. Women and dalits can be specifically targeted for training as barefoot doctors
and engineers as part of capacity- building and reducing response time to restoration and repair. Funds
could be tapped from Govt., NGO, and community.
2.2 Absence of any provisions for Psycho-Social Health care in the Code is an obstruction to recovery
from trauma, reveals insensitivity to community's coping mechanisms and violates Art 39 and Art 47of
the Constitution. Trauma and its effects like nervousness, nightmares, fear psychosis, were found to
be a major cause preventing children from recovering and going back to schools. Schools provide the
alternative to child labour prohibited under Art 24.
2.2a Scope for Psycho-social healing must be built into disaster health care policy as a crucial non
materialist standard for traumatized victims of disaster. The loss of family members resulting into loss
of livelihood and blockade of satisfaction of the primary needs - food, safety and security, needs to belong
and be accepted, need for self-esteem, dignity, self-respect, and need for identity and achievement - needs
to be addressed firstly through psycho-social care and then later supported by alternative livelihood
arrangement, shelter and family rebuilding options, skill-building and legal assistance. Here the role of the
Community groups, the disaster response team, relief distribution committees and rehabilitation teams as
well as govt, officials need to be sensitive to these needs of the traumatized, especially destitutes and
orphans . Absence of post-disaster psycho-social healing has been known to result in loneliness,
helplessness, powerlessness. People develop negative attitudes towards life and lose interest in their lives.
In a study on the Uttarkashi earthquake by Dr. (Mrs) Rajesh Singh and Prof Vinod K. Sharma it was
observed that people started going to the fields only after two years and tried to help themselves in coming
out of the traumatic situation. No psychological measures were provided to the community either by the govt
or the ngo to help them come out of their grief. Research has shown that mental health consequences could
persist for years in the absence of intervention. (Psycho-social Consequences of Disasters, Mrs Sashi
Prabha Tandon, University of Rajasthan. Towards a Safer World in the 21st Century With Hope - A
Report on the 9th National Convention on Disaster Reduction. JAC)
3.1 Elevated drinking water and sanitation facilities in cyclone shelters, drainage and soakpits in the
vulnerable areas, temporary latrines during emergency, are not provided for in the ORC provisions.
This violates Art 47 of the Constitution and Art 39 (e). Although Code addresses the installation of tubewells,
repairs, pipeline water supply & new drinking water projects, the Code has no provisions for saline
resistant drinking water infrastructure. Provision of protected water source in every village is also
important. Stagnation of water due to lack of proper drainage results in vector-borne diseases like malaria.
Need for deep tube wells in saline-ingress areas has been expressed by the people. And they should be at
elevated height based on flood levels of the past 10 years. But more long term measures to prevent
salination such as creating and maintaining natural barriers of stone and sand dunes is important.
Saline-resistant water harvesting technologies should also be explored.
3.2 The Citizen’s Draft on Total rehabilitation points out that civic amenities like drinking water
should be available for every 100 population. This should be taken up seriously for fulfillment. Very
often, marginalized people may need a separate water source for better accessability, even if it
breaks the population norm set by the government. A Disaster Mitigation Policy ought to address
this need in order to secure rights of protective discrimination under Art 15(3) and Art15(4) of the
Constitution. Marginalized people very often need a separate water source due to existing practices of
discrimination that reduce their accessability, even if it breaks the population norm set by the government. A
Disaster Mitigation Policy should address this need in order to secure rights of protective discrimination
under Art 15(3) and Art 15(4).
4.1 Standards of Assistance have not been clearly outlined in ORC . The rights of people to speedy
recovery from a disaster cannot be left to an unspecified goodwill or welfare of the people. No
standards of food quality - GE food such as Com Soya Blend being is distributed through CARE with
govt, acceptance. To prevent epidemics and to protect the right to life and cultural rights of
vulnerable people, it is essential that edible and culturally sensible food reaches the people in
time. Very orten during disasters it has been the experience that all kinds of food are supplied to
affected areas - useful and superfluous. The supply of GE food is a violation of Sphere
stanoards. The study^done by CLAP in Chatua GP also proves the poor quality of food being
.2 No time standard for restoration of educational and health infrastructures has been specified in
the Code. To restore and build educational infrastructure, the Govt, has sanctioned 3.5 lakhs each for
801 schools under Operation Black Board which is to be implemented through PRI institutions. This has
been corroborated by Rudra Madhav Ray, President, AOPP and Surath Ch. Mallick Addl. PD, DRDA
Jagatsingpur Educational institutions are still under repair after a year of the disaster. These schools
will have multipurpose cyclone shelter facilities. An educational reconstruction project is also pending
with DFID .or sanction. But the great delay in the educational and health rehabilitation of disaster
affected people, is having greater impact on the poorer households. Unless these schools are restored,
more children will drop out due to pressure on them to become child labourers. This delay in restoring
health and educational facilities violates Art 21, Art 39 (e) and Art 47. The government needs to
invest in providing physical structures to Anganwadis and Public Health Centres in the vulnerable
hamlets. Some amount of convergence is possible by having them operate from the Cyclone shelters
during normalcy.
4.3 There is no SC/ST prioritization in ORC provision for educational infrastructure restoration even
though the Plan Document states that for the development of SC/ST students Library books and
science apparatus are supplied to High Schools by Welfare Dept. The Welfare Dept, is to supply
nationalized text books(NT) to SC/ST students in Classes l-V of the schools managed by Education
Dept, and in Classes l-VII of the schools managed by the Welfare Dept.. The 9th plan outlay, however
shows a reduction as compared to the total amount allotted and spent in the 8th Plan period’
This is a policy set back.
4.4 No specific targeting of SC/ST, or for the aged and disabled is there in the health care
Prov«s’ons the Code, except in the form of immediate gratuitous relief. This is a violation of
Art 15(3) and 15(4) of the Constitution, the Right to Protective Discrimination. There was no
planned health intervention to look into the specific health and educational needs of disabled
children, although the targets set in the Plan Document of the WCD Department reveals their
responsibilities. These provisions should be made statutory so that action may be taken against
non-implementing officials.
4.5The ORC does not mention pre-identification of those areas and setting up health camps/ centers/
dispensaries at those points. Dispensaries should be at neglected end-points and upgradation of
existing ones should be built into . This should be integrated with normal period infrastructure
development plans of the government . Infrastructures like roads and transport facilities to
access these services should be prioritized for underdeveloped SC ,ST, and other vulnerable
areas to secure the rights under Arts 21,39(e), 41 and 47 of the Constitution.
5.1 The Code has no provisions to capacitate people for self-help by providing community
based health information . Community mechanisms for running information points must be
specified in the disaster preparedness plans so that people know where to go for which ailment.
Identifying community health workers and barefoot doctors should be built into the Disaster
Health Care policy of the community. Apart from that, the local health knowledge and health
practitioners should be identified for self-help.
5.2 Right to Information should be legislated upon. There is need for community to have information
of all state govt and central govt schemes that will help in disaster mitigation. There is need for
community to know the resources available with the state for disaster mitigation - for food security,
shelter,health, employmnet, relief budget and other sources, NGO expenditure as v/ell. Governemnt,
INGOs, Bilaterals and NGOs need to get their funding allocations prioritized according to these existing
vulnerabilities. Percentage allocations may be cast aside for disability, for women, children, SC and ST,
perhaps going by demographic arrangements in the specific areas.
6.1 A look at The Standing Orders on Disasters by the Ministry of Disaster Management & Disaster
Management Bureau, Bangladesh : It lays down the involvement of the various levels of government,
volunteers and NGOs at different time periods. The Public Health Engineering Directorate is
responsible for continuous supply of safe drinking water and decrease of health hazard. In the normal
period it will identify the disaster prone areas and ensure sinking of sufficient number of tube wells for
continuous supply of safe drinking water. Keep stock of spare parts for repairing the tube wells
likely to be damaged in disaster(tidal bore/floods), keep stock of bleaching powder every six
months & ensure the availability of cash fund.
7.1 Para 150 © of the Relief Code while stating that the repairs of schools and departmental
buildings can be included as relief works, however, points out that they may be given a low
priority. This is a contradiction of the objectives stated in Para 7, and show the attitude of the
state towards the rights of the child.
7.2 The provisions in the ORC treat the child as a dependant. It is not child-focussed just as it is
not woman-focussed. This is visible through the lack of policy provisions in the Orissa for
transit schools for school children after disasters. No alternative books/texts kept ready. ORC
has no provision for school in a box or mobile schools. Disaster mitigation policy should
address these preparations, especially for children from vulnerable backgrounds, the girl child,
the disabled child.
7.3 Provision of school kits and book banks in each village from where they can be sourced is
important.. No materials means drop-outs will result, while a school activity also keeps them from
brooding over their losses. Restoring infrastructure and resources will also restore the values the
community placed in sending their girl and boy children to school. Once that value is lost, enrollment
will be affected. Children may be pushed into child labour. So, the community should try to mobilize
these resources from the govt, which it is under obligation to provide by constitutional provisions and its
own policies.
7.4 Developing educational material and learning to inject value systems in the mind of children to
avoid social disaster during calamity is also important. The role of voluntary organizations is
important in this area. Changes in school curricula are necessary that would ensure the inclusion of the
last disaster experience into collective memory along with why they occur and what preparations a
community should have to make to prevent losses - infrastructural, institutional, cultural and technical.
Institutions and individuals with creative learning experience can help to demystify disaster mitigation
with the help of theatre, puppetry, cinema, educative literature suited to micro-level situations. Disaster
Management & Mitigation should be integrated into University course curriculum. Separate educational
institutions with the joint efforts of the State Govt., NGOS and specialized personnel should be initiated
in the state to create expertise. The students from such courses and institutes should be involved in
drills and dry runs, in facilitating the relief and rehabilitation processes. NGOs can also organize
educative programmes on the different areas of competencies essential for emergency managers technical, legal, psycho-social health, damage assessment, vulnerability analysis.
7.5 There should be greater focus on secondary education as that can widen skill base and
employment opportunities.
7.6 Functional literacy for women and dalits is highly crucial component in education so that they
can handle weights and measures. This has been excluded from ORC provisions and violates
Art 23 & 24 ■ the right against exploitation. Functional literacy ought to be built into the
monitoring mechanisms of the community so that vulnerable people may participate in relief
distribution with capacities to prevent their exploitation. NGOs and CBOs and National Literacy
Mission and Adult Education Programme should be actively involved in this task . So, also Krishi
Vigyan Kendras and Pancahayat Raj institutions, co-operatives, NGOs working with farmers and
fisherfolk.
8.1 Participation of community in management and ownership over the educational and health
institutions through village health and education committees or task forces Disaster Mitigation
Policy should address the involvement of the community and its capacities . Community needs to
mobilize its resources. Therefore the PRIs , especially the palli sabhas and gram sabhas should be
involved . Committees comprising the more vulnerable like women and dalits should be brought into
monitoring health and educational relief and restoration. This has to be linked with awareness building
within the community in terms of preparing a risk-directory of the elements at risk - people, public
utilities, individual possessions. Involvement of the anganwadi workers, school teachers and ANM in
the planning and preparations would be helpful.
9.1 There are too many government departments looking into the health and education related activities.
The funds available with each of these Departments like Panchayati Raj, Women and Child
Development Department, Mass Education Department, Health Department can be brought together to
form a an Emergency Pool and allocations on the lines of protective discrimination secured under Art
15f3) & (4) , may be made. During a disaster, all funds placed with different departments for
welfare of Su communities, for example, can be brought together and resource planning should
take place accordingly. Similarly for women, children.
10.1 The Code has not addressed the need for insurance systems to be placed with the community
to act as shock absorbers. Accessability to health and educational systems is becoming more
and more determined by purchasing power. Along with strengthening existing health insurance
systems like the ICDS, it becomes essential to build up sustainable livelihoods of women, dalits
through collective enterprises such as micro-credit and co-operatives which will improve their
abilities to access health care and education. These will act like community insurance systems.
For instance, the women of Pradhangheri village had initiated a collective called Maa Kali Self
Help Group which was intended to provide expectant women from BPL families with additional
nutritional assistance required during that time. Furthermore, it also provided educational
assistance to the children from dalit families.
10.2 Role of rural collectives in emergency health funding for disaster preparedness and mitigation
need to be explored. Such Co-operative health systems for health insurance existed in China &
Vietnam. By the end of 1970s, China’s co-operative health system covered about 85% of the
population, with a clinic in almost evety village. There were about 1.6 million ‘barefoot doctors’ in place,
or one to every 400 rural inhabitants - a high doctor-to- patient ratio. Admittedly, coverage was not
uniform and the quality of service provided was limited and variable. But the availability of basic medical
care and immunisation, and a strong emphasis on preventative practice, contributed significantly to
improvements in public health. (Prioritising Human Development: the Social Policy Fundamentals.
Economic Growth with Equity: Lessons from East Asia. Kevin Watkins. An Oxfam Publication)
There is a need for co-operative medical system which could be fed through micro-credit programmes
of the people and parallel funding from the State . Placing such shock absorbers will help in
achieving the objectives stated under Art 47.
10.3 At the Government level, insurance systems similar to Maharashtra's Disaster Insurance Fund and
Andhra Pradesh’s Hazard Mitigation and Emergency Cyclone Recovery Project - Vulnerability Reduction
Fund Trust, set up by the Finance & Planning Dept, of the AP Govt., is seriously needed. The State Govt, of
Orissa should take this as a cue for similar steps. The High Powered Committee set up at the Centre, under
the leadership of P.C.Jain, to look into the formulation of a Disaster Mitigation Act also addresses the need
for such insurance systems. This will help fulfill the directives to the State under Art 39(e) and Art 47,
and help secure for vulnerable people the Right to Life under Art 21.
LEGAL SUPPORT MECHANISMS
Recovery from a disaster and coping mechanisms of the community are linked to available spaces for
redressal of grievances. Effective Legal support mechanisms can humanize coping mechanisms of the
community by bringing to notice the violations of rights and the gaps between precept and reality, i.e., the
entitlement gaps. The failures in the existing delivery mechanisms and the defects in the standards of
assistance are also exposed through this process. More significantly, it can also help in bridging some of
these gaps by enhancing and enforcing the accountability of the parties who are under obligation to entitle,
key amongst which is the Govt.
Disaster mitigation, impact and recovery must address legal and related mechanisms for grievance hearing
and settlement. In a post disaster situation, a 'claims’ situation is created. Especially during the
reconstruction and rehabilitation stage, people require legal counseling on procedures to obtain death
certificates, fill claim forms, know the inheritance laws. At the same time there is need to build up the legal
awareness base of the community as part of its capacity building process to speed up recovery of the
vulnerable. Thus demystifying legal provisions , awareness on Panchayati Raj, policies and schemes of the
state, entitling provisions, will help in mitigating the impact of disasters in the long run. Three forms of
legal assistance are generally required - legal aid, legal education and litigation.
Entitlement gaps in legal support mechanisms are created because of (a) lack of implementation of
existing policy and (b) lack of policy provision. Provisions should be made statutory so that lack of
implementation of policy can be met with punishment.
Which were the key areas of entitlement failure that were highlighted through legal support
structures? There have been aberrations in availing ex-gratia death compensation and ex-gratia
house-building assistance, aberrations in the area of drinking water provisions, availing insurance
benefits and educational entitlements. Some of these, we have already dealt with in their specific
sections.
*
Here we highlight the nature of gaps in legal support mechanisms based on a review of case studies
relating to entitlement lapses in ex-gratia death compensation. These case studies are sourced from the
Human Rights Network initiated by Adhikar, FARR and IWD as well as from the Fact Finding Study of
CLAP, Committee for Legal Aid to the Poor.
Legal Aid and Public Interest Litigations and spaces for grievance hearings such as Public Hearings
have been able to expose some key areas related to entitlement failure. Protection Gaps that have
been legally exposed through litigation have been mainly experienced by people in the area of exgratia compensations such as death compensation and house-building compensation and grants.
Grievance hearings with the Collectors or Public hearing, however, have dealt with other entitlement gaps
such as irregularities of relief management and lapses in the restoration of entitlements for food, livelihood,
education, water and health security. Some of these lapses have been addressed under the specific
sections in this report
(
t
IMPLEMENTATION GAPS IN LEGAL SUPPORT ENTITLEMENTS
1.1
Although grievance cells were started with the Collectors of affected districts, they proved
inadequate to deal with the human rights violations. Because of which several Public Interest
Litigations had to be filed to prevent exploitation; legal counseling and awareness building had
to be initiated by voluntary legal aid centers. Public Hearings which draw their legitimacy from
Art 10 of the UNHCR were also conducted. The aim was to provide space for grievance hearing of
people whose entitlements had been lost or diverted.
2.1 Death compensation has been mentioned as an entitlement in the ORC under the chapter on Fire
only. The ORC has no provisions stated for death compensation for flood, cyclone and tidal wave
disasters. Even then, the Code must be interpreted in an integrated manner. After the
supercyclone, the death compensation amount was declared by the State Government as Rs
75,000/- per person. Of this 50,000/- is a grant from the Centre and 25.000/- is an ex-gratia
payment from the State.
3d Five categories of victims have emerged who have experienced entitlement failure in the area of
ex-gratia death compensation : (i) who have not been enumerated at all in the death list of the Rl. (ii)
deprivation arising from wrong enumeration by the Sarpanch and Rl (iii) compensation withheld
because of the type of land that the victims are staying on. (iv) those whose records are perfect even
according to the govt, circular mentioned above, but who have not got the compensation because govt,
has stopped giving it (v) competing claimants (vi) cases of unnecessary delay even when records are
perfect We cite some case studies of these implementation gaps:
3.1a. Refrained from Getting Death Compensation Due to Improper Enumeration By the Revenue
Inspector (Rl): Adhikar has taken up the cases of 15 persons of Nuadihi GP under Ersama block of
Jagatsingpur district who have not been enlisted in the Revenue Inspector list of death enumeration.
Due to improper and insincere enumeration by Rl, the bereaved family members of all the 15 deceased
persons have not been able to receive the death compensation till date, even if death occurred cn 29*
Oct. 1999. Death certificates from PHC Ersama to that effect have been collected by them and they
have been identified by the Sarpnch who has submitted the list of names to Tehsildar, Kujanga. 4 of
these persons have rushed to the Collector Jagatsingpur with their grievance who has referred to the
Tahsildar Kujnga since Feb 2000, for necessary enquiry. But no such enquiry has been made so far,
i.e., by 16* Sept 2000, and the families are in a distress condition. Timely provision of compensation
would have given them a regular bank interest amount to survive on. (Cyclone Case Study I, Adhikar
Legal Counseling Centre)
3.1b Wrong Enumeration by the Sarpanch & Revenue Inspector: A case of wrong enumeration by the
Sarpanch and the Rl can be cited here. Gurupada Manna aged about 35 years. S.'o Late Shashank
Shekhar Manna, of village Gadaharishpur. P.O. Olara, Gadaharishpur GP. P.S. Ersama. District
Jagatsingpur lost his two year old daughter, Lilybla Manna on 29th October 2000. The name of the
deceased is found in death enumeration list made by the Sarpanch. Gadadharishpur, Mr.
Radhashyam Rout vide his Sr. No.-64. The legal heir of the deceased has obtained the death
certificate from PHC Erasama vide Regd. No. 2841. But he has not got the compensation till date as
the concerned Rl of Padampur Circle has not rightly enumerated the name in his list by that time. As
alleged by the victim, the Rl has intentionally played mischief. The victim has approached the
Collector, Jagatsingpur grievance cell but no action has been taken in this regard till now. The victim is
now in a distressed situation. There is no relief inspite of the repeated complaints before the
competent authority. (Cyclone Case Study III, Adhikar Legal Counselling Centre)
3.1c Death Compensation not allotted for the Kissam/Type of Land the Victim is staying on: The
victim is Lalu Paramanik residing in govt, land in village Sunadiha Kanda, P. 0. Japa, PS Ersama,
Dist. Jagatsingpur since 1976. And the same has been recorded in his name during the major
settlement held in 1984. His name has been entered in voter list, BPL List and he has acquired ration
card. Lallu Paramanik lost his mother and three children during the supercyclone 29.10.1999. As per
the govt, decalaration Lallu is entitled to get the ex-gratia compensation for his mother and children.
As per the direction of the Collector (vide no-9967, dt. 20.11.99), the lahsildar is to grant the ex-gratia
compensation after verifying of voter list, election identity local school record, Anganwadi register, and
ration card. But Tahsildar, Kujang, demanded that Lallu produce the Record of Right at the time of
granting the compensation. When Lallu produced the record of right granted in the settlement of 1984,
Tahsildar did not entertain the record because this land belonged to Abadya Jogya Anabadi.
Tahasildar did not recognize the ROR provided in 1984 by the settlement officer and has not yet
sanctioned the ex-gratia compensation to Lallu Parmanik. Not only Lallu but 300 such families ci
Ersama block are suffering without ex-gratia compensation for this problem. (Cyclone Case Study II,
Adhikar Legal Counselling Centre)
3.1 d Cases of Unnecessary Delay: (i) The victim is Usha Rani Nayak, an old widow of 80years from
village Chormuha, Dharmashala, jajpur district. Her huband, Dukhishym Nayak, who was a freedom
fighter, died on the day of the supercyclone because of roof collapse. She has the death certificate
certifying date of death . Sarpanch has also affirmed cause of death to the cyclone. The local Health
Officer has also verified the death. But she has not received death compensation. Her son met
Minister, Kanhu Lenka, who asked the Collector to look into the matter. The collector in turn asked the
Tahsildar to conduct an enquiry. According to the Jury of the Public Hearing, in the face of the existing
proof of death, the need for enquiry does not arise. This is unnecessary delay to avoid payment.
(Source: Public Hearing on the Supercyclone, 16th & 17th Sept,2000 organized by CLAP)
(ii) Suresh Chandra Singh, aged 53, s/o Nityananda Singh, village Jhatipari, Ersama, Jagatsingpur
district appeared before public hearing Jury to state that his son-in-law was washed away on 29th
October. His daughter had claimed compensation but not yet got. She made a representaion to
Sarpanch and Tahsildar with death certificate., and along with her visited the latter 5/7 times, the last
being on 11th Sept. But Tahsildar informed her in July that the death compensation scheme will be
withdrawn for two months . In the public hearing, the question was raised as to why she had not
received it till July? It was also informed to the Jury that the govt, had withdrawn it because of
shortage of funds. (Source: Pubilc Hearing on the Supercyclone, 16th & 17th Sept,2000 organized
by CLAP)
(iii) Other Irregularities : In the case of Sahikala Barik, a widow from Kujanga, the Rl demanded Rs.
1000/- for paying her ex-gratia death compensation. So far she has not yet received the amount.
(Source: Pubilc Hearing on the Supercyclone, 16th & 17th Sept,2000 organized by CLAP)
3.1 e Competing Claimants : The ORC has no such norms laid down as to who to prioritize in the case of
competing claimants. Norms of succession are not laid down. Legal assistance thus becomes crucial
to deal with these conflicting claims. In most such cases the death compensation has had to be
divided or someone has had to forego it. We cite here two case studies:
(i) Competing Claims due to Bigamy : The case of Basanti Maiti, disabled first wife of Rasabihari
Mandal with mentally retarded son, Panchanan Mandal, village Patana, Ersama block, Jagatsingpur
district. Second wife having two children counter claimed for compensation. The Supreme Court gave
a ruling that the 2nd wife is not entitled to get it but her children are eligible. So, in Basanti Mait/s case,
the compensation amount was divided between herself, the 2nd wife’s two children, each of whom got
Rs 25,000/- and the remaining 25,000/- only came to Basanti Maity. Her only other source of living
apart from the meager interest she will get from this 25,000/-, is a pension worth Rs 100/-. (As
narrated by Sudeshna, Action Aid, Erasama)
(ii) Deprivation of Compensation in case of dependant father : Bholi Majhi, 65 years old, of
Achyutdaspur, PO Japa, GP,PS Erasama, Dist - Jagatsingpur was totally dependant on his son Padan
Majhi, 25 years old who died on 29.10.2000. His wife who used to live together with the family, has
now started staying separately with her parents; the deceased's father is living in the previous house
helplessly. Now both wife and father of the deceased have applied for the ex-gratia assistance. The
wife of the deceased wants to receive the compensation alone but the dependant father very much
wants that the amount should be deposited jointly as there is no one to look after him aafter s the
death of his son. (Cyclone - 99 Case Study IV, Adhikar Legal Counselling)
These case studies show that ths State government, by creating unnecessary delays and
irregularities in compensating people, has violated human rights, the directives under Art 41 and Art
39. It has failed in implementing its own policies and standards of service. Implementation lapses
should be prevented by making entitlements statutory and by having provisions for punishment.
4.1 In the expert opinion of the Jury, the Supercyclone was not an act of God whose impact could
not have been reduced. As it was a cyclone-prone region, government should have been more
prepared. This verdict placed the responsibility of the high casualty at the door of the govt.
4.2 By trying to draw distinctions between people who lost their relatives on the day of the cyclone
and after, through a circular, it has violated Art 41 under which people are entitled to public
assistance during a calamity and Art 14 which guarantees right to non-discrimination. So, Govt.’s
numerous attempts to withdraw or limit its responsibilities in compensating people for losses not created by
them, violates human rights of distressed people to public relief.
4.2a Orissa High Court also passed a favourable verdict to this effect, regarding the PIL filed by Adv.
Shri Prasant Jena on behalf of SLIC. We cite a newspaper clipping from the New Indian Express, dated 21st
Sept, in this regard, titled “HC directive to Govt, on cyclone victims'1. In a significant judgement the
Orissa High Court has ordered the state govt, to give financial assistance to the next of kin of those who
were injured by the supercyclone and succumbed to the injuries subsequently. It is for the claimants to
establish with cogent material and supporting evidence that the deceased suffered injury during the
supercyclone and succumbed to the injury, Justice P Ray said in his order. The order came in response to
a petition filed by Dipali Mandal, wife of late Biren Mandal, of Jatipari village under Erasama block in
Jagatsingpur district. In her petition, Mandal stated that her husband who sustained injuries during the
cyclone succumbed to his injuries subsequently in hospital. Her claim for ex-gratia announced by the state
govt, was not considered by the district authority on the ground that her husband did not die either on
October 28 or 29 of 1999 when supercyclone hit the state. Although the additional district magistrate,
Jagatsingpur, had sought clarification on payment of ex-gratia assistance to the above category, the state
govt, has not yet given any direction. There is no intelligible distinction and difference between the
people who died on the date of the supercyclone or who died subsequently due to injuries
sustained in the cyclone. Exclusion of such people from paying assistance is ex facie contrary to
the object and purpose of such grant of assistance, the order said. The court further said the govt, is
at liberty to lay down appropriate procedure and set up suitable mechanism for determination but
the govt, cannot exclude this group from benefits.
4.2b In this verdict the High Court has laid down a crucial time standard by which period all death
compensations should materialise. It has stated that death compensation should materialize within 6
weeks from the date of registration. Setting time standards ensure accountability of the body under
obligation to entitle and reduce risk on the vulnerable. These standards need to be built into the ORC and a
State Level Disaster Mitigation Policy.
This delay in delivery of the death compensation is a violation of Art 14 which is Right to NonDiscrimination and Art 39 Right to adequate livelihood. The deaths themselves were a violation of
Art 21 - Right to Life. Since casualty has been most amongst the migrants, refugees and dalits, it is
basically these communitties who have borne the brunt of the govt.’s negligience. The implications for
recovery for these groups, especially women/widows is apparent.
4.2c According to the Cabinet Sub Committee review meeting held on 25th Sept, says a New Indian
Express article, dt 27th Sept., Compensation totalling Rs 33.41 crores has been paid to the next of
kin of the dead. According to the govt., 8495 persons had died in the supercyclone. Of these,
relatives of 4,557 dead persons have received compensations. Applications from persons claiming
to be relatives of the rest 4,262 dead persons have been rejected, says the report.
This reveals the govt.’s desperation to close the chapter on death compensation. Even now there are
people from affected districts with all necessary documents authenticated by govt, officials proving their
entitlements to death compensation but who have not received it yet. The Govt.’s avoidance to deal with
remaining compensations in a legitimate manner is to be seen against its White Paper declaration in which
the State Govt, announced shortage of funds to meet ex-gratia expenses. According to the White Paper the
State Govt, needed 47 crores but had only 37 crores at its disposal. The inference is that it is not in a
position to compensate everybody. The Expert opinion in the Public Hearing, however, stated that the
paucity of funds cannot be a cause for govt, to deny responsibility to compensation. Furthermore,
according to Art 41 of the Constitution, the state is directed to provide for public assistance in cases
of ‘undeserved want’. After a disaster, there is vast need for public assistance. The Government
cannot take the plea of lack of funds. Instead, it should plan its resources. There are Supreme Court
decisions stating that government cannot avoid such expenditure.
POLICY GAPS
To help chalk out areas for policy changes necessary to prevent entitlement failure/gaps, we will draw
upon the key findings and recommendations of the Public Hearing organized by CLAP on IS*!?* of Sept,
in Bhubaneswar where legal experts like Justice Rajindar Sachar (Ex-Chief Justice, Delhi High Court),
Herbert Suresh (Former Judge from Mumbai High Court), Manoranjan Mallick from Calcutta High Court,
V.Prithviraj, Senior Advocate were invited along with experts from the field of Disaster management like
Vinod K. Sharma from IIPA . High court verdicts and newspaper clippings highlighting High Court directives
to the state are also used for support.
1.1 The Orissa Relief Code is totally silent on the need of disaster-affected victims for any form of
legal assistance - legal aid, legal education or litigation : This violates Article 39A of the
Constitution entitled ‘Equal Justice and Free Legal Aid’. Art 39A provides that the state shall secure
the operation of legal system, promote justice, on a basis of equal opportunity and shall in particular,
provide free legal aid , by suitable legislation or schemes or the other way, to ensure that opportunities
for securing justice are not denied to any citizens by reason of economic or other disabilities.
1.2 An enabling law that tries to meet the Constitutional requirement of free legal aid is the Legal
Services Authority Act, 1987. Point 12 (e) of Ch IV of this Act, “Entitlements to Legal Services”
states that a person under circumstances of undeserved want such as being a victim of mass
disaster, ethnic violence, caste atrocity, flood , drought, earthquake or industrial disaster is
entitled to get legal services from the state. SC, ST, women, children, bonded labour, artisans,
mentally and physically disabled victims of prostitution and people whose annual income is less than
Rs. 5,000/- and all people covered under Art. 41 of the Constitution, which addresses right to public
assistance under situations of undeserved want, are legal aid eligible. This law has also been violated,
impinging on the rights of the legal aid eligible groups mentioned above. In the absence of policy
provisions in the ORC to provide legal aid to the disaster victims, the Legal Services Authority Act has
been left almost entirely to voluntary organisations for the fulfillment of its objectives, and progressive
lawyers and activists who have attempted Public Interest Litigations.
1.3 The forms of legal aid to which people are legally entitled have been laid down under The Legal
Aid to the Poor Rules, 1975 :(a) court fees, process fees, application fees incurred with court
proceedings (b) representation by a legal practitioner (c) cost of obtaining certified copies of
judgements, decree and order or printing, translation, (d) consultation fee to a legal practitioner for
investigating into the merits of a case. Under this the RDC appoints a legal practitioner from a District
panel of legal practitioners who is paid Rs 400/- per month to appear on behalf of parties like 3C debtors in proceedings under the Orissa Money Lenders Act, 1939, where the annual income of the
debtor does not exceed Rs. 2,500/-; ST transferors in cases under the Scheduled Areas Transfer of
Immovable Property (by Scheduled Tribes) Regulation, 1956; ST/SC debtors in cases under the Orissa
(Scheduled Areas) Money lenders Regulation, 1967; a plaintiff for declaration of title whose total annual
income does not exceed Rs 2000/-. There has been total entitlement failure for these legal aid eligible
groups according to the norms stated above. This affects their opportunities for recovery.
2.1 The lack of policy provision in the ORC for legal counseling and legal education of the people
fails to secure the Right to Non-exploitation under Arts. 24 and 25. Instead it has induced the
need for litigation. On the one hand, there is a gap between constitutional provisions, law and ORC on
the legal aid entitlements of disaster affected people. On the other, there are numerous confusions
about the eligibility criteria for other entitlements in the ORC which creates a need for legal assistance.
Furthermore, protection from irregularities necessitates legal aid.
3.1 Another policy problem is presented by the lack of clear eligibility to entitlement for the Exgratia compensations. Ex-gratia Grants are given as compensations and are total entitlement
transfers that can help in recovery from losses received in the disaster. The legal hassles in
obtaining this compensation have been plenty as eligibility criteria kept getting modified by
government officials. Lack of standards go against the norms of humanitarian assistance.
People should not have to struggle for their entitlements. There has to be clarity in eligibility
criteria, time period of delivery, scale of assistance, and simplified delivery mechanisms in
order to secure rights under Art 15(3) & Art 15(4) of the Constitution guaranteeing protective
discrimination, Art 14 guaranteeing Right to Equality, and, therefore, right to non-discrimination,
directives under Art 41, the right to public assistance under situations of ‘undeserved want’ as
well as Art 39, the right to adequate means of livelihood.
3.1a Firstly, there was no standing definition of how death due to disaster was to be defined.
The govt, passed a circular identifying death cases as those that had happened on the 29* & 30th of
October 1999. However, there was misinterpretation of this circular as people who had died after this
date, although due to the cyclone, were not taken into account. A Public Interest Litigation was filed
by Adv. Shri Prashant Jena for 11 persons, stating that this identification violates Art 14 on
Right against Discrimination, with a prayer that death cases be considered beyond the 30th but
due to the common reason of cyclone. A Disaster Mitigation Policy should formulate clear
entitlement standards if it believes in Humanitarian Assistance.
3.1b Second, whether land rights status was a criteria for eligibility or not. Third, who is more
eligible in the case of competing claimants when norms of succession have not been laid
down. Fourthly, irregularities by concerned officials. Fifth, the govt.’s unwillingness to accept
registrations any further. In all these cases, people have had to forego their entitlements. Many
of them are widows, and other legal aid eligible like SC and ether BPL categories.
3.1c As one of its recommendations, the Jury stated that the role of revenue officials should be
minimised. The Govt, should place Claims with a Claims Commissions Officer, instead of having so
many different depts, dealing with claims, such as Textiles, Fishery Revenue . Claims Officers should
move from village to village and should be linked to banks, instead of making victims run time and
again to Tahsildars, Collectors and Magistrates.... Thus a standard for humanitarian assistance is
to simplify the delivery mechanisms so that response time is reduced.
3.1d ROR should not be made a criteria for death compensation. This exposes govt.’s bias against
landless and encroachers. According to the Jury of the Pubiio Hearing organized by CLAP, govt,
ought to take a sympathetic and human rights approach to compensation rather than a bureaucratic
approach.
4.1 A Disaster Mitigation Policy should emphasize on legal assistance to vulnerable sections and
for the implementation of Legal Services Authority Act by the Govt. This policy should then be
made an Act.
4.2 The separate entitlements of vulnerable people such as of minors, widows, orphans, aged and
disabled in situations of conflicting claims over Ex-gratia compensations rights should be
clearly laid down to avoid retardation of recovery processes.
4.3 Also, legal norms for lock-in deposits of exgratia compensations of orphans, minors, widows so
that they are not misutilised or misappropriated by relatives or others have not been laid down.
The compensations should stay as lock-in deposits till minors and orphans come of age and the risk
period for widows is over. For orphans, the lock-in-deposits can be in a joint account of the legal
guardian and Collector. This policy gap again fails to secure Art 23 & 24 ■ Right against Non
Exploitation. Legal entitlement of foster parents to an adequate means of livelihood should also
be laid down. Many aged persons are found falling into this category.
5.1 Right to Information is a definite area for legislation. In fact, information centres should be setup
at the village level, or at the most, at GP level if the GP is not too big. The scope of self-help
capacities of a vulnerable people can be expanded by decenuciizing and demystifying the legal
system, the bureaucracy, policies and laws. Legally trained volunteers should be ready with necessary
claim forms and details of legal entitlements and assistance to protect the vulnerable against
entitlement failure. The committees formed in the villages to manage relief distribution and to take care
of rehabilitation should have capacities in legal education and in procedures for availing entitlements.
School teachers and other educated youth from amongst the vulnerable community may need to be
sensitized and mobilized for this purpose. In this act they need to be guided by NGOs and Legal Aid
and Counselling organizations.
5.2 Both information and training are necessary for a community in this regard to bridge the
‘protection gap’. Jan Vikas , an Ahmedabad based organization can be cited as an example here
which has been regularly training youth in some of the rural districts of Gujarat with law, societal
Is
oi
BIBLIOGRAPHY
1.
A Framework for Survival - Health, Human Rights and Humanitarian Assistance in Conflicts and
Disasters. Ed. Kevin M.Cahill, M.D. A Joint Publication of Basic Books and the Council of
Foreign Relations.
2.
Disaster Management, Ed. Vinod Sharma, IIPA, 1997.
3.
Exchanges, Issue No. 23, Action Aid.
4.
Govt, of Orissa’s White Paper, December 1999.
5.
Human Rights Under International Law and Indian Law - Dr. S.K. Kapoor, Central Law Agency.
6.
In Memory of Countless Victims, Super Cyclone Orissa 1999. Health Spectra, A Special Bulletin.
A Journal of Medical Service Centre.
7.
Information Sheet on Cyclone Damages viv-a-vis Progress of Restoration & Rehabilitation in
Jagatsingpur district. DRDA, Jagatsingpur, 28.04. 2000.
8.
India Disasters Report-Towards a Policy Initiative. Ed. Parasuraman S. and Unnikrishnan
P.V. Oxford University Press, 1999.
9.
Ninth Five Year Plan, 1997-2001. Vol. 1, Govt, of Orissa, 1997.
10. Orissa Relief Code, Govt. Of Orissa. Corrected up to 31.12.1996.
11. Orissa Super Cyclone, Emergency Information Pack, Unicef, Bhubaneswar.
12. Preparedness Aspects - Disaster Prevention & Mitigation - Vol II, A Compendium of Current
Knowledge. United Nations, 1984.
13. Poverty Profiling and Need Assessment Study, Jagatsingpur district, Jan-Feb 2000. Action Aid,
Bhubaneswar Region.
14. Rehabilitation Policy and Law in India : A Right to Livelihood. Walter Fernandes & Vijay
Paranjpye. Econet, Indian Social Institute.
15. Standing Orders on Disaster. Ministry of Disaster Management & Relief, Disaster Management
Bureau, Bangladesh. August 1999
16. The Amartya Sen and Jean Dreze Omnibus, Oxford Publication.
17. Towards A Safer World in the 21st Century With Hope - A Report on the Ninth National
Convention on Disaster Reduction. JAC, September, 1999.
18. The Impact of Public Policy on Health, WHO, Geneva 1990.
19. Terms of Reference for Scoping Study on Co-ordinated Disaster Management in the Context of
Action Aid’s Working Area in Asia - India, Pakistan, Nepal, Bangladesh, Vietnam.
20. Workshop Report, State Level Workshop on Entitlements of Rural Women in Orissa - March
1996, Organised by Rural Entitlement and Legal Support Centre, Orissa.
A-’
Givi
.ntA jV'J • ■ ‘
people^ J
\
\*
, Choices;
31st May 2000
To
Sana Das
17/3, HIG, Chandrasekharpur,
Bhubaneswar.
ACTiONAID
25 YEAt\S IN IN Pt A.
Dear Sana Das,
Action Aid is happy to support your study on the Orissa Relief Code . The duration of the study will
be for a period of three months, starting from June 2000. During this period you will be responsible
for:
a. Identifyiing and analysing gaps between pre-disaster, during-disaster and post-disaster
community-based requirements of drought-prone areas and coastal areas and provisions in the
code
b. Developing a Comparative perspective based on the relief codes of Bangladesh and other
calamity-prone states in Orissa
c. Identifying vulnerable groups, detailing specific needs based on visits and interactions in the
calamity-ridden areas
d. Incorporating legal analysis into the study to strengthen peoples entitlements and to suggest the
areas for pro-active legislation for future action . For this you will be consulting Advocates Biswajit
Mohanty and Shyam Sundar Das in Cuttack for a total period of 20 days.
e. Presenting a first draft of your report around mid-July
f. Final Presentation of your analysis/critique of the Orissa Relief Code at the end of your study
period in August 2000 in a one-day consultation workkshop with govt, officials, Ngo representatives,
media and concerned others.
During your study period, you will be remunerated with Rs. 12,000/- per month and allowances for
travel and other requirements as mentioned in the budget prepared for the study. w.s ■.
- <■
Wishing you good luck.
Yours Sincerely
Bijay Kumar
Regional Manager.
331A, Saheed Nagar, Bhubaneswar - 751 007
Te!e/Fax: 0674-514503
E-Mail: ro.bhu@actionaid.org.in
hltpflwwwi aclionaid.org
C O.: 3. Rest House Road. Bangalore - 560 001. TeL : 5536682 Fex . 5586284
CMr.9
i! .
Choice* ’ X
gy
Regd. H0:Hamlyn House, Archway. London N195PG.UK
Consultative Status with Economic and Social Council of the United Nations ACIICJJAiD
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